IMPORTANT POINT
The court established that the immunity from no-confidence motions under Section 49(1) applies from the date of election of the current officeholder, not the first president.

JUDGMENT :

A neat question of law arises for consideration about the import and applicability of the group of words ‘within the first fifteen months from the date of his election’ occurring in the Second Proviso to Section 49(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993; whether it applies in the case of a new President elected in the middle of the term of the Panchayat replacing the originally elected president to avail the new President immunity from facing no-confidence motion for first fifteen months from the date of ‘his election’.

2. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as ‘the Act’) deals with motion of no-confidence against Adhyaksha (the President) or Upadhyaksha (the Vice President) of Grama Panchayat.

2.1 The provision is reproduced hereunder to highlight the Second Proviso to Section 49(1) of the Act which is centripetal to the controversy,

“49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat. – (1) Every Adhyaksha or Upadhyaksha of Grama Panchayat shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two thirds of the total number of members of the Grama Panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed:

Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one- half of the total number of members and at least ten days notice has been given of the intention to move the resolution:

Provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved within the first fifteen months from the date of his election:

Provided also that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Grama Panchayat a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, six months from the date of the decision of the Grama Panchayat.”

2.2 Whether the period of fifteen months is to be counted from the date of election only of the first President or could also be reckoned from the date when new President in the middle of the term assumes office, for such newly elected incumbent.

2.3 It is in this context that the challenge to the judgment and order dated 17.11.2023 passed by learned Single Judge in the writ petition is required to be addressed for its legality.

2.4 Learned Single Judge dismissed the writ petition holding that the petitioner had assumed the office from 07.03.2023 and that the prohibition of fifteen months under the Second Proviso would have to be taken into consideration from 27.12.2021 when the election results were declared, and that since fifteen months expired on 26.05.2023 counted from the date 27.12.2021 when the first President was elected, there was no prohibition for moving the no-confidence motion.

3. The prayer made in the writ petition was to set aside the notice dated 04.11.2023 issued by the Assistant Commissioner, Bengaluru North Sub-Division, Bengaluru. It was a notice in relation to the motion of no-confidence against the President of the Bagaluru Grama Panchayat, Yelahanka Taluk. This notice came to be issued by the Competent Authority pursuant to the application dated 18.10.2023 submitted by 20 members of the Grama Panchayat, who had submitted motion of no-confidence against the President. The Competent Authority required for holding of meeting on 21.11.2023 to discuss the motion of no-confidence against the President.

3.1 The petitioner was elected as member of respondent No.3-Gram Panchayat. The election to the Gram Panchayat was held and the tenure was from the year 2020 to the year 2025. The Panchayat consisted of 26 elected members. One Smt. Hameeda was elected as President of the Board of the Panchayat for a period of thirty months as per