Judgment : These appeals are filed against the common order of the learned Single Judge dated 17.12.2009 in W.P.Nos. 2984/2009 and 3007 to 3008/2009. 2. The brief facts that led to the filing of the writ petitions are as under: The appellants who were the petitioners before the learned Single Judge were the elected members of the Koppa Grama Panchayath in the elections held earlier. The 4th respondent Smt. Jayanthy was elected as Adhyaksha of the said Grama Panchayath having complied with the required qualifications to become an Adhyaksha. 3. On 17.10.2008, a “No Confidence Motion” came to be passed by the 3rd respondent/Koppa Grama Panchayat under the leadership of one Mr. Shivaprakash. Fifteen members voted in favour of the resolution. At the instance of the 3rd respondent, the Assistant Commissioner concerned called for a meeting scheduled to be held on 12.11.2008 wherein out of nineteen members seventeen persons voted in favour of the motion. These are the undisputed facts regarding unseating of smt. Jayanthy from the post of Adhyaksha. 4. It was contended by the appellants/petitioners that the 2nd respondent – the prescribed Officer and Tahsildar of Piriyapatna Taluk without going through the provisions of the Act and without referring to the fact whether there was any other scheduled caste woman from the 3rd respondent/Grama Panchayat to contest the election had issued notification as per Annexure-A, therefore in the absence of any other scheduled caste woman other then the 4th respondent/Jayanthy being available, by virtue of Section 48(4) of the Act, she is not eligible to contest the election. 5. The main contention of the learned Counsel for the appellants is that without adhering to the statutory provisions of Section 44 of the Karnataka Panchayat Raj Act [hereinafter referred to as ‘the Act’], the 2nd respondent has issued election notice. Questioning the notification on the ground that it is not in conformity with the statutory provisions and seeking for quashing the same, the appellants approached the learned Single Judge. 6. The learned Single Judge after hearing both the parties by referring to the Division Bench judgment of this Court in BAPU DADA PATIL –vs- STATE OF KARNATAKA [1996(7) KLJ 215] and another judgment of the learned Single Judge in SRI RABBANI – vs- SECRETARY, GRAMA PANCHAYAT [2007 Kar. 6. The learned Single Judge after hearing both the parties by referring to the Division Bench judgment of this Court in BAPU DADA PATIL –vs- STATE OF KARNATAKA [1996(7) KLJ 215] and another judgment of the learned Single Judge in SRI RABBANI – vs- SECRETARY, GRAMA PANCHAYAT [2007 Kar. 3469] opined that when only one woman belonging to the scheduled tribe is available and inspite of removal of her from the office of Adhyaksha by passing No Confidence Motion against her, she will not be barred from contesting again and getting back to the post of Adhyaksha. Aggrieved by this, the present appeal is filed. 7. According to the appellants, the learned Single Judge was not justified in placing reliance on the above decisions without adhering to the statutory provisions under Section 48 of the Act which is a statutory bar leaving any scope for other interpretation. Therefore, they have challenged the order of the learned Single as not sustainable in the eye of law. 8. The point that would arise for Courts consideration is whether amended Sub-section (4) of Section 48 of the Act shall come in the way of present notification at annexure-A which warrants interference of the orders of the learned Single Judge. 9. Section 44 of the Act reads as under: “ 44. Election of Adhyaksha and Upadhyaksha- (1) every Grama Panchayat shall, Substituted for the words “as soon as may be” by Act No. 29 of 1997 [within one month from the date of publication of names of elected members under sub-section (8) of Section 5], Inserted by act No. 8 of 2000, w.e.f. 3-4-2000 [ or immediately before the expiry of terms of office of Adhyaksha and Upadhyaksha] choose two members of the Grama Panchayat to be respectively, Adhyaksha and Upadhyaksha. In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Adhyaksha or Upadhyaksha, the Grama Panchyat shall choose another member to be the Adhyaksha or the Upadhyaksha, as the case may be. In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Adhyaksha or Upadhyaksha, the Grama Panchyat shall choose another member to be the Adhyaksha or the Upadhyaksha, as the case may be. (2) Subject to the general or special order of the Substituted for the word “Government” by Act No. 29 of 1997 [State Election Commission], the Deputy Commissioner shall reserve- (a) such number of offices of Adhyaksha and Upadhyaksha of Grama Panchayats in the State for the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the state as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State. Proviso to Clause (a) of sub-section (2) omitted by Act No. 10 of 1995 and shall be deemed to have come into force w.e.f. 13.1.1995. [X X X X] (b) Such number of offices of Adhyakshas and Upadhyakshas of the Grama Panchayaths, which shall as nearly as may be, one-third of the total number of offices of Adhyaksha and Upadhyaksha in the State for the persons belonging to the backward Classes. Proviso to Clause (b) of sub-section (2) inserted by Act No. 10 of 1995 and shall be deemed to have come into force w.e.f. 13.1.1995. [Provided that out of the offices reserved under this clause eighty per cent of the total number of such offices shall be reserved for the persons falling under category “A” and the remaining twenty per cent of the offices shall be reserved for the persons falling under category ‘B’: Provided further that if no person falling under category ‘A’ is available the offices reserved for that category shall also be filled by the persons falling under category ‘B’ and vice versa]; (c) not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha of Grama panchayats in the State from each of the categories which are reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and of those which are non-reserved, for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Grama Panchayats”. 10. Bearing in mind the object and essence of our Constitution. 10. Bearing in mind the object and essence of our Constitution. If reservations are provided to certain classes of persons based upon the caste or community to which they belong to, such reservations are proper and are in consonance with the object of the Constitution. We are placed with a situation whether such Adhyaksha against whom ‘No Confidence Motion’ came to be made could again contest the election to the post of Adhyaksha. For this one has to read Sub-Section (4) of Section 48 and also section 49 of the Act in order to understand the difference between the two provisions: “48(4): Every Adhyaksha and Upadhyaksha of Grama Panchayat shall after an opportunity is afforded for hearing him, Inserted by Act No. 29 of 1997 and if necessary after obtaining a report from the Taluk Panchayat and considering the same be removable from his office as Adhyaksha or Upadhyaksha by the Substituted for the word “Commissioner” by Act No. 29 of 1997 Government for being persistently remiss Inserted by Act No. 29 of 1997 or guilty of misconduct in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Grama Panchayat” “49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.- 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-third of the total number of members and at least ten days notice has been given of the intention to move the resolution; Second and Third provisos inserted by Act No. 29 of 1987. provided further that no resolution expressing want of confidence against an Adhyaksha or Upadhyaksha, shall be moved within one year 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 simllar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within one year from the date of the decision of the Grama Panchayat.) 11. Admittedly, the post of Adhyaksha of the 3rd respondent/grama Panchayat is earmarked and reserved for scheduled caste woman. The question is whether she is disabled to contest the election to the post of Adhyaksha by virtue of Sub-section (4) of Section 48 of the Act. 12. Sub-section (4) of Section 48 of the Act by virtue of amendment refers to a situation in a given case where Adhyaksha or Upadhyaksha are removed for being persistently amiss or guilty of misconduct and such person is not eligible for re-election as Adhyaksha or Updhyaksha. So far as Section 49 of the Act is concerned, it refers to a situation where Adhyaksha or Upadhyaksha of Grama Panchayat vacates her or his office as the case may be, on account of expressing want of confidence by a majority of not less than two-thirds of the total number of members of the Grama Panchayath. 13. Rule 3 of the Karnataka Panchayath Raj (Motion of No Confidence, etc.) Rules, 1994 (hereinafter referred to as ‘the Rules’) is also relevant to understand the two different situations when the seat of Adhyaksha or Upadhyaksha gets vacated on happening of certain things. The relevant rule would be Sub-Rules (1), (7) and (8) of Rule 3 which read 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)…….. (3)….. (4)…… (5)……. (6)……. (2)…….. (3)….. (4)…… (5)……. (6)……. (7) As soon as the meeting convened and sub-rule (2) commences the Assistant Commissioner shall read to the members of the Grama Panchayat, the motion for the consideration of which the meeting has been convened and shall put it to vote without any debate. (8) The Assistant Commissioner shall not speak on the merits of the motion and he shall not be entitled to vote thereon.” 14. By reading Section 49 of the Act along with Sub-Rule (1), (7) and (8) of Rule of the Rules, it is manifest that whenever a No Confidence Motion is passed contemplated under Section 49 of the Act, the concerned authority i.e., the Assistant Commissioner without any debate has to read the motion for consideration for which the meeting was called for and he shall not put the said motion for vote. That means without any discussion, debate or enquiry, the concerned officer has to read the motion for which the meeting was called for and then they have to place it for voting. Merits or otherwise of the motion cannot be the subject matter of discussion by the Assistant Commissioner. In other words he should not speak on the merits of the motion. He is also not entitled to vote thereon. Therefore, Section 49 of the Act refers to ‘Motion of No Confidence’ which can be termed as Motion of No Confidence Simplicitor. 15. Then coming to resignation or removal of Adhyaksha or Upadhyaksha as contemplated under Section 48 of the Act which becoming an embargo for election of Adhyaksha or Upadhyaksha as the case may be, such removal from the seat of Adhyaksha has to be warranted by persistent default or guilty of misconduct in discharge of her or his duties as the Adhyaksha or Upadhyaksha. It is pertinent to mention here that such person so removed and who does not cease to be a member of the Grama Panchayath is not eligible for re-election as adhyaksha or Upadhyaksha during the remaining term of office as member of such Grama Panchayath. 16. Therefore, the criterion in the present case would be whether the removal of the Adhyaksha from the seat of concerned Grama Panchayath is as contemplated under Sub-Section(4) of Section 48 or Section 49 of the Act. 17. 16. Therefore, the criterion in the present case would be whether the removal of the Adhyaksha from the seat of concerned Grama Panchayath is as contemplated under Sub-Section(4) of Section 48 or Section 49 of the Act. 17. The contents of Annexures-C. D and E would go to show that the removal of the 4th respondent from the seat of Adhyaksha was by No Confidence Motion’ as contemplated under Section 49 of the Act and not a removal as enumerated under Section 48 of the Act. 17. Having regard to the above discussion and reasoning. We are of the opinion that the order of the learned Single Judge does not warrant our interference. 18. Before concluding we place on record our appreciation for the services rendered by professor Ravivarma Kumar, learned Senior Counsel, who assisted as amicus curiae and so also the learned Advocate General Mr. Ashok Haranahalli Accordingly, the appeal is dismissed.