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SURAJ GOVINDARAJ
Mahanand W/o. Siddappa Melgeri – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking the following relief:
a) Issue a Writ of Certiorari or any other Writ Order or direction to Quash the Notice No. kr/sam/Chunavane/aa.aa.su/c.aar.174/2024-25 dated 30/12/2024 issued by the 2nd respondent, the copy of which has been produced at ANNEXURE-M.
b) Pass any other Writ, Order or direction as deems fit under the circumstances of the case and allow the Writ Petition with costs in the interest of justice and equity.
2. The petitioner claims to be the Adhyaksha of Galagi Gram Panchayath elected from Ward No.3. The petitioner is before this Court challenging the notice dated 30.12.2024 issued by the Assistant Commissioner, Dharwad, calling for a meeting on 18.01.2025 at 10.30 am, to consider the requisition submitted by respondents No.3 to 17, to move a resolution expressing no confidence with the petitioner’s performance as Adhyaksha.
3. The submission of Sri.Venkatesh Kharvi, learned counsel for the petitioner is that;
3.1. No reasons based on which the no-confidence motion is proposed to be moved, have been mentioned in the requisition dated 24.12.2024 at Annexure-L, as required un
The omission of Sub-section (2) of Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 means no allegations are required for a no-confidence motion under Sub-section (1).
The court upheld that a motion of no-confidence can be convened by the Assistant Commissioner as per statutory requirements, emphasizing strict adherence to the ten-day notice provision without addit....
Procedural requirements for considering a motion of no confidence are mandatory and must be strictly followed, as interpreted from Rule 3(2) of the Rules of 1994.
Statutory requirements for No Confidence Motion must be strictly adhered to, including the notice being accompanied by copies of requisition and resolution, as established under the Odisha Grama Panc....
Procedural compliance under Section 24 of the Odisha Gram Panchayat Act is mandatory; deviations may invalidate proceedings. The court confirmed that the notice for No Confidence Motion adhered to st....
The court confirmed that the notice for a No Confidence Motion must comply with statutory requirements; however, procedural safeguards do not invalidate proceedings if legislative intent is met.
The court ruled that compliance with procedural safeguards under the Odisha Gram Panchayat Act, 1964 is critical for no-confidence motions, affirming that minor deviations do not invalidate democrati....
Procedural safeguards under Section 24 of the Odisha Gram Panchayat Act are mandatory for no-confidence motions; late notice receipt does not invalidate proceedings absent demonstrable prejudice.
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