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2004 DIGILAW 148 (KAR)

SIDDANAGOUDA v. STATE OF KARNATAKA

2004-02-25

K.BHAKTHAVATSALA

body2004
K. BHAKTHAVATSALA, J. ( 1 ) THE petitioner has prayed for quashing no confidence motion notice dated 5-2-2004 bearing No. Chunavane: CR-13/03-04:7120 on the file of respondent 2. ( 2 ) THE respondents 1 and 2 are represented by Sri H. B. Narayan, learned Government Pleader. ( 3 ) HEARD arguments. ( 4 ) THE brief facts of the case of the petitioner may be stated as under. The petitioner was elected as a Member of the Grama Panchayat on 29-2-2000. He was elected as Adhyaksha of respondent 3-Grama panchayat on 24-12-2000. It is alleged that rival members of the Grama panchayat made a joint complaint to the respondent 2 on 27-1-2004 for moving no confidence motion against the petitioner. The impugned notice dated 5-2-2004 was served on the petitioner on 7-2-2004. The petitioner has contended that the impugned notice is liable to be quashed on the following grounds. (A) that the representation or requisition submitted to the respondent 2 is not in accordance with Rule 3 (1) of the karnataka Panchayat Raj (Motion of No-confidence against adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. (B) that the petitioner has not received copy of resolution passed by alleged 1/3rd of the Members of the Grama Panchayat. (C) that the respondent 2 is expected to convene a meeting for consideration of the said motion at the Office of the Grama panchayat on the date fixed by him, which shall not be beyond 30 days from the date on which the notice under sub-rule (1) of Rule 3 was delivered to him. (D) that the respondent 2 has received the requisition or notice of intention to move no confidence motion against the petitioner on 27-1-2004 and the date of the proposed meeting scheduled to be held on 26-2-2004 is beyond the period of 30 days, which is contrary to Rule 3 (2 ). Therefore, the petitioner is before this Court praying for quashing the impugned notice. ( 5 ) FOR the purpose of disposal of the case on hand, I shall refer to section 49 of the Karnataka Panchayat Raj Act, 1993 (in short, 'the Act') and Rule 3 of the Karnataka Panchayat Raj (Motion of No- confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (in short, 'the Rules' ). ( 5 ) FOR the purpose of disposal of the case on hand, I shall refer to section 49 of the Karnataka Panchayat Raj Act, 1993 (in short, 'the Act') and Rule 3 of the Karnataka Panchayat Raj (Motion of No- confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (in short, 'the Rules' ). Section 49 of the Act dealing with motion of no confidence against Adhyaksha or Upadhyaksha of Grama Panchayat says that they 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. Proviso to Section 49 says that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the total number of members and at least ten days notice has been given of the intention to move the resolution. The rules have been framed by the Government in exercise of the powers conferred under Section 49 read with Section 311 of the Act to carry out the purpose of the Act. Rule 3 reads as under. "3. Motion of No-confidence. (1) A written notice of intention to make the motion under the proviso to Section 49 shall be in form I signed by not less than one-third of the total number of members together with a copy of the proposed motion shall be delivered in person by any two of the members signing the notice to the Assistant Commissioner. (2) The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the grama Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. (2) The Assistant Commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the grama Panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub-rule (1) was delivered to him. He shall give to the members a notice of not less than fifteen clear days of such meeting in Form II: provided that where the holding of such meeting is stayed by an order of a Court, the Assistant Commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members, a notice of not less than fifteen clear days of such adjourned meeting. (3) A notice in Form II shall be given to every member including the Adhyaksha and Upadhyaksha. (a) by delivering or tendering the said notice to such member; or (b) if such member is not found, by leaving such notice at his last known place of residence or business within the Grama panchayat or by giving or tendering the same to some adult member or servant of his family; or (c) by registered posts; or (d) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is known to have last resided or carried on business within the Grama Panchayat. (4) The quorum for such meeting shall be two-thirds of the total number of members of the Grama Panchayat. The Assistant commissioner shall preside at such meeting. Explanation. For determination of two-third of total number of members under this sub-rule any fraction arrived at shall be construed as one. (5 ). . . . . . . . . . . . . (6 ). . . . . . . . . . . . . (7 ). . . . . . . . . . . . . (8 ). . . . . . . . . . . . . (9 ). . . . . . . . . . . . . (10 ). . . . . . . . . . . . . (11 ). . . . . . . . . . . . . . . . . (8 ). . . . . . . . . . . . . (9 ). . . . . . . . . . . . . (10 ). . . . . . . . . . . . . (11 ). . . . . . . . . . . . . ". ( 6 ) THERE is nothing on record to show that sub-rule (1) of Rule 3 is violated. Sub-rule (2) of Rule 3 says that the Assistant Commissioner shall convene a meeting for consideration of the said motion not later than 30 days from the date on which notice under sub-rule (1) was delivered to him. The bone of contention of the learned Counsel for the petitioner is that the respondent 2 has violated sub-rule (2) of Rule 3. Ten members of the Grama Panchayat have given notice under sub- rale (1) to the Assistant Commissioner on 27-1-2004 (Annexure-A ). According to the petitioner, the meeting convened for the purpose of moving no confidence motion against the petitioner is beyond 30 days from the date on which the notice under sub-rule (1) was delivered to respondent 2. The object for providing 30 days period for convening a meeting is to avoid inaction on the part of the Assistant Commissioner in convening a meeting for moving no confidence motion. The petitioner has not placed any material on record to show that convening a meeting on the 31st day after notice under sub-rule (1) was delivered, has caused any prejudice. The petitioner cannot be an aggrieved party, The contention of the learned Counsel for the petitioner that Form 2 was not accompanied by the copy of the notice in Form 1 also holds no water. In my considered opinion, there is no merit in the writ petition. ( 7 ) HENCE, I pass the following order. The writ petition fails and the same is hereby dismissed at the stage of admission itself. No costs. The learned High Court Government Pleader is permitted to file memo of appearance within three weeks. --- *** --- .