Case Note & Summary
The petitioner, Smt. Mahanand W/o. Siddappa Melgeri, is the President of Galagi Gram Panchayat. She filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice dated 30/12/2024 issued by the Assistant Commissioner, Dharwad (respondent no. 2) for a no-confidence motion against her. The notice was issued under Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The petitioner contended that the notice was illegal and without jurisdiction as it did not comply with the mandatory procedure under Section 49(2A). Specifically, the Assistant Commissioner did not first issue a notice to the petitioner to convene a meeting of the Gram Panchayat to consider the no-confidence motion, nor did he record any reasons for urgency before issuing the impugned notice. The respondents, including the State and the Assistant Commissioner, argued that the notice was valid and that the petitioner had an alternative remedy. The court examined the provisions of Section 49(2A) and held that the procedure is mandatory: the Assistant Commissioner must first give notice to the President to convene a meeting; if the President fails to do so within seven days, the requisitionists may approach the Assistant Commissioner, who must then record reasons for urgency before issuing a notice. In this case, the Assistant Commissioner directly issued the notice without prior notice to the President and without recording reasons, which is a clear violation of the statutory mandate. The court quashed the impugned notice and directed the Assistant Commissioner to follow the proper procedure if the requisitionists still wish to proceed. The writ petition was allowed.
Headnote
A) Panchayat Raj - No-Confidence Motion - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory Procedure - The notice for no-confidence motion against the President must be preceded by a notice to the President to convene a meeting, and if the President fails to do so, the requisitionists may approach the Assistant Commissioner, who must record reasons for urgency before issuing notice. In this case, the Assistant Commissioner issued notice without prior notice to the President and without recording reasons, rendering the notice invalid. (Paras 1-10) B) Panchayat Raj - No-Confidence Motion - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Prior Notice to President - The requirement of prior notice to the President is mandatory and cannot be dispensed with. The Assistant Commissioner must first call upon the President to convene a meeting, and only if the President fails to do so within the prescribed time can the Assistant Commissioner proceed. (Paras 5-8) C) Panchayat Raj - No-Confidence Motion - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Recording of Reasons - The Assistant Commissioner must record reasons for urgency before issuing a notice for no-confidence motion. Failure to record reasons vitiates the notice. (Paras 7-9)
Issue of Consideration
Whether the notice for no-confidence motion against the President of Gram Panchayat is valid when it does not comply with the mandatory requirements of Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, specifically regarding prior notice to the President and recording of reasons for urgency.
Final Decision
The writ petition is allowed. The impugned notice dated 30/12/2024 issued by the Assistant Commissioner is quashed. The Assistant Commissioner is directed to follow the procedure under Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, if the requisitionists still wish to proceed with the no-confidence motion.
Law Points
- No-confidence motion
- Gram Panchayat
- President
- Notice
- Section 49(2A)
- Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Mandatory procedure
- Prior notice
- Recording reasons
- Urgency
- Quashed
