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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, RAJESH RAI K.
Veena T.,W/o. Kumara Swamy R. – Appellant
Versus
State Of Karnataka, By It's Secretary Revenue Department – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1.Writ Appeal No.207/2025 is filed against the order dated 31.01.2025 passed by the learned Single Judge in Writ Petition No.35255/2024 (LB-RES).
Writ Petition No.19571/2025 is filed seeking to quash the meeting notice given in Form-II, vide No.ALN-GraPan- Avishwasa-01/2025-26, dated 24.06.2025 issued by respondent No.3 at Annexure 'K' to the Writ Petition.
Writ Petition No.20174/2024 is filed seeking to quash the Notice dated 23.06.2025 issued by Assistant Commissioner, Davanagere Sub-Division, Davanagere- respondent No.2 bearing No.Election:CR/26/2025-26 whereby respondent no. 2 has convened meeting on 11.07.2025 at 11.00 a.m. to consider the no-confidence motion moved against the petitioner/President of Nagenahalli Grama Panchayat, vide Annexure 'A' and all further proceedings pursuant to the notice.
Writ Petition 4557/2025 is preferred seeking to quash the impugned notice dated 30.01.2025 bearing No.ELN(KU) CR.48/24-25 issued by respondent no.2.
2. We have heard Shri. P.P. Hegde, learned senior counsel as instructed by Shri. Venkatesh Somareddi, learned Advocate appearing for the petitioner in W.P.No.20174/2025, Shri. A.M.Maheshwarappa, learned counsel ap
The requirement of a fifteen clear days' notice for no-confidence motions is mandatory, computed from the date of dispatch, excluding both the date of dispatch and the date of the meeting.
The issuance of a fifteen-day notice for a no-confidence motion is mandatory; however, failure to provide such notice does not invalidate proceedings unless it can be shown to cause prejudice.
The court ruled that proper notice for a no-confidence motion was served, and the Collector's decision to set it aside was erroneous, affirming the motion's validity.
The court confirmed that the 15 days notice requirement for a no-confidence motion is met by issuance, not receipt, affirming the legitimacy of the notices issued under the governing rules.
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.
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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