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 additional notice to the concerned parties.

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 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”.

5. As could be seen from the first proviso under Section 49 , a motion for no-confidence cannot be moved unless that resolution is preceded by issuance of a notice of the resolution, which is required to be signed by not less than one-half of the total number of the members is given and at least ten days notice has been given of the intention to move the resolution. This would therefore mean that after the notice of the intent to move the resolution is received, there must be a time gap of ten days between the date of the requisition and the date of the special meeting to be convened by the Assistant Commissioner.

6. The argument of the petitioner that the notice should be given to the petitioner and the Assistant Commissioner was required to thereafter wait for a period of ten days, is contrary to the proviso.

7. In am therefore of the view that there is no justification in entertaining this writ petition. This writ petition is therefore dismissed.

8. Learned counsel for the parties submit that in view of the interim order granted in this writ petition, the meeting which is convened today has been adjourned. The Assistant Commissioner shall notify the members that the motion for no-confidence would be taken up on the date to be fixed by him pursuant to this order. This shall be done within a period of two weeks.