RAMAPPA v. ASSISTANT COMMISSIONER, LINGSOOR TALUK, RAICHUR DISTRICT
2006-07-06
MOHAN M.SHANTANAGOUDAR
body2006
DigiLaw.ai
ORDER Heard Sri S.R. Hegde Hudlamane, learned Counsel for the petitioner and Sri AG. Shivanna, learned Government Advocate on behalf of the respondent. 2. The notice dated 21-6-2006 vide Annexure-D issued under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994, is under challenge. The said notice discloses that the meeting is fixed on 10-7-2006 to discuss the No-confidence Motion moved against the petitioner who is the Adhyaksha of Nagalapura Gram Panchayat. The learned Counsel for the petitioner, submits that the notice issued under Rule 3(2) of the said Rules, shall accompany the copy of the No-confidence Motion moved. He places reliance upon the judgment of this Court in the case of Mallamma v. State of Karnataka and Others 1, in support of the said contention. However, the said contention is opposed by the learned Government Advocate. 3. Relevant portion of Rule 3 of the said Rules reads thus: "Rule 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 Gram 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, after giving to the members a notice of not less than fifteen clear days of such adjourned meeting.
(3) A notice is 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 "xxxx” As could be seen from Rule 3(1) of the said Rules, No-confidence Motion shall be in Form I signed by not less than one-third members. The said motion along with a written notice of intention to make motion shall be delivered in person by any two of the members signing the motion to 'the Assistant Commissioner. Thus while giving requisition of No-confidence Motion those documents shall be furnished to the Assistant Commissioner. That does not mean that those documents also should be sent by the Assistant Commissioner to the person against, whom the No- confidence Motion is moved, while sending the notice under Rule 3(2) of the Rules. Rule 3(2) of the Rules makes it amply clear that after receiving the no-confidence requisition, the Assistant Commissioner shall issue a notice of not less than 15 clear days of such meeting in Form II. Except sending the notice in Form II, the Assistant Commissioner is not obliged to send any other document to the person against whom the No-confidence Motion is moved. The notice Annexure-D issued under Rule 3(2) of the Rules is in accordance with the Form prescribed under the Rules. In the afore cited judgment also, this Court has not specifically held that notice issued in Form II shall accompany all the documents furnished along with no-confidence requisition. Even otherwise, there is no ambiguity in the language employed in Rule 3(1) and (2) of the Rules. 4. In view of the same, I do not find any reason to entertain this writ petition. The writ petition is accordingly dismissed.