Case Note & Summary
The petitioner, Chethana A Channabasappa, the President of Hosahalli Gram Panchayat, challenged a notice dated 06.01.2025 issued by the Assistant Commissioner (Respondent No.3) calling for a meeting to consider a no-confidence motion against her. The petitioner argued that the notice was illegal as no prior resolution of no-confidence was passed by the Gram Panchayat as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The respondents, including the State of Karnataka and the Deputy Commissioner, did not contest the petition. The court examined the provisions of Section 49(2) of the Act, which mandates that a meeting to consider a no-confidence motion can only be convened after the Gram Panchayat passes a resolution to that effect. Since no such resolution was passed, the notice was without jurisdiction. The court allowed the writ petition, quashed the notice, and directed the respondents to follow the procedure under Section 49(2) if they wish to proceed further.
Headnote
A) Panchayat Raj - No-confidence Motion - Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory Procedure - The notice for a meeting to consider no-confidence motion against the President of a Gram Panchayat must be preceded by a resolution of no-confidence passed by the Gram Panchayat. In the absence of such prior resolution, the notice is illegal and without jurisdiction. (Para 3)
B) Constitutional Law - Writ of Certiorari - Articles 226 and 227 of Constitution of India - Quashing of Illegal Notice - The High Court can quash a notice issued without authority of law, as it is arbitrary and illegal. (Para 3)
Issue of Consideration
Whether the notice dated 06.01.2025 issued by the Assistant Commissioner for a meeting to consider no-confidence motion against the petitioner, the President of Hosahalli Gram Panchayat, is valid when no prior resolution of no-confidence was passed by the Gram Panchayat as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Final Decision
The writ petition is allowed. The notice bearing No. Sam/Kam/Grapan/Chunavane/48/2024-25 dated 06.01.2025 issued by Respondent No.3 is quashed. The respondents are directed to follow the procedure under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, if they wish to proceed further.
Law Points
- No-confidence motion against President of Gram Panchayat
- Mandatory requirement of prior resolution under Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Notice without prior resolution is illegal
- Writ of Certiorari
Case Details
2025 LawText (KAR) (01) 28
WP No. 100364 of 2025 (LB-RES)
Sunil S Desai, V.S. Kalasurmath, V. Shivaraj Hiremath
The State of Karnataka, The Deputy Commissioner, The Assistant Commissioner, The Panchayat Development Officer
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a notice for no-confidence motion against the President of a Gram Panchayat.
Remedy Sought
The petitioner sought a writ of certiorari to quash the notice dated 06.01.2025 issued by the Assistant Commissioner for a meeting to consider no-confidence motion against her.
Filing Reason
The petitioner contended that the notice was illegal and arbitrary as no prior resolution of no-confidence was passed by the Gram Panchayat as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Issues
Whether the notice for no-confidence motion against the President of Gram Panchayat is valid without a prior resolution of the Gram Panchayat under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Submissions/Arguments
The petitioner argued that the notice is illegal as no prior resolution of no-confidence was passed by the Gram Panchayat.
The respondents did not contest the petition.
Ratio Decidendi
Under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, a meeting to consider a no-confidence motion against the President of a Gram Panchayat can only be convened after the Gram Panchayat passes a resolution to that effect. Any notice issued without such prior resolution is without jurisdiction and illegal.
Judgment Excerpts
The Petitioner is before this Court seeking for the following reliefs: a. Issue writ, order or direction in the nature of Certiorari quashing the notice bearing No. Sam/Kam/Grapan/Chunavane/48/2024-25 at Annexure-E issued by Respondent No.3 dated: 06.01.2025, as illegal and arbitrary, in the interest of justice and equity.
The notice issued by the Assistant Commissioner is without any prior resolution of the Gram Panchayat as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Hence, the same is liable to be quashed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging a notice dated 06.01.2025 issued by the Assistant Commissioner for a no-confidence motion. The court heard the matter on 21.01.2025 and allowed the petition.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: Section 49(2)
- Constitution of India: Articles 226, 227
