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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.S.SANJAY GOWDA
Kusuma K.S., W/o. Honnaraju K. – Appellant
Versus
State Of Karnataka, By Its Secretary, Revenue Department, Department Of Panchayat Raj, And Rural Development – Respondent
ORDER :
N.S. SANJAY GOWDA, J.
1. On 18.12.2024, 16 members of the Panchayath submitted a requisition to the Assistant Commissioner to convene a meeting since they desired to move a motion of no confidence against the petitioner.
2. On receipt of the said requisition, the Assistant Commissioner has issued a notice dated 19.12.2024 for convening a special meeting on 07.01.2025. The petitioner being aggrieved by this notice, is before this Court.
3. Learned counsel for the petitioner contends that on receipt of the requisition, the Assistant Commissioner was required to give a notice to the petitioner, wait for ten days and only thereafter he could have convened the special meeting for moving of that resolution.
4. Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 reads as under:
“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 i
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.
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).
Properly convened meeting with a notice issued at least 7 days in advance is essential for the no confidence motion proceedings.
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