Case Note & Summary
The petitioner, Sharda W/o Ramesh N., is the President of Somasamudra Gram Panchayat in Kurugodu Taluk, Ballari District. She filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice dated 27-01-2025 issued by the Assistant Commissioner, Ballari (3rd respondent) for a no-confidence motion meeting scheduled on 31-01-2025. The petitioner contended that the notice provided only 4 days' notice, which is contrary to the mandatory requirement of 15 clear days under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The respondents, including the State of Karnataka, Deputy Commissioner, Assistant Commissioner, Panchayat Development Officer, and several members of the Gram Panchayat, appeared through counsel. The court, after hearing the parties, observed that the notice period was clearly insufficient and not in compliance with the statutory requirement. The court quashed the impugned notice and directed that if any fresh notice is issued, it must comply with the mandatory 15-day notice period. The writ petition was allowed.
Headnote
A) Local Self-Government - No-Confidence Motion - Gram Panchayat - Section 49(3) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory Notice Period - The petitioner, President of Somasamudra Gram Panchayat, challenged a notice dated 27-01-2025 issued by the Assistant Commissioner for a no-confidence motion meeting scheduled on 31-01-2025. The court held that the notice provided only 4 days' notice, which is contrary to the mandatory requirement of 15 clear days under Section 49(3) of the Act. The court quashed the notice and directed that any fresh notice must comply with the 15-day period. (Paras 1-5)
Issue of Consideration
Whether the notice dated 27-01-2025 issued by the Assistant Commissioner for a no-confidence motion meeting scheduled on 31-01-2025 is valid when it provides only 4 days' notice instead of the mandatory 15 clear days under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Final Decision
The writ petition is allowed. The impugned notice dated 27-01-2025 issued by the 3rd respondent (Assistant Commissioner) is quashed. If any fresh notice is issued, it shall comply with the mandatory 15-day notice period under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Law Points
- Mandatory notice period
- No-confidence motion
- Gram Panchayat
- Section 49(3) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- 15 clear days
- Quashing of notice
Case Details
2025 LawText (KAR) (02) 42
WP No. 101197 of 2025 (LB-RES)
Sri. Gourish Subhash (for petitioner), Sri. V.S. Kalasurmath (AGA for R1-R3), Sri. Shivaraj Hiremath (for R4), Sri. Girish V. Bhat (for R5, R6-18)
State of Karnataka, Deputy Commissioner Ballari, Assistant Commissioner Ballari, Panchayat Development Officer Somasamudra Gram Panchayat, M. Manjunath, Kenchappa, Smt. Lakshmi S/o Kanakappa, Smt. Lakshmi W/o Bhadrappa, Smt. Savitri W/o Ishwarappa, Rajeshwari W/o Siddalingappa, Smt. Sridevi W/o Basanagouda, Smt. Manjula W/o B.N. Chandrashekar, Smt. Guruvara Siddalingamma W/o Basavaraj, Smt. Uma W/o Kumaraswami, Smt. Shakuntala W/o Jalram, Smt. Neelamma W/o Kumarappa, T. Rajesh W/o Irana, Smt. V. Lakshmi W/o Mallappa
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Nature of Litigation
Writ petition challenging a notice for no-confidence motion against the President of a Gram Panchayat.
Remedy Sought
Petitioner sought a writ of certiorari to quash the notice dated 27-01-2025 issued by the Assistant Commissioner for a no-confidence motion meeting scheduled on 31-01-2025.
Filing Reason
The notice provided only 4 days' notice instead of the mandatory 15 clear days under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Issues
Whether the notice dated 27-01-2025 for a no-confidence motion meeting on 31-01-2025 is valid when it provides only 4 days' notice instead of the mandatory 15 clear days under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Submissions/Arguments
Petitioner argued that the notice period of 4 days is contrary to the mandatory requirement of 15 clear days under Section 49(3) of the Act.
Respondents did not dispute the short notice period.
Ratio Decidendi
The notice for a no-confidence motion must comply with the mandatory 15 clear days' notice period under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Any notice providing less than 15 days is invalid and liable to be quashed.
Judgment Excerpts
The notice dated 27-01-2025 for the meeting scheduled on 31-01-2025 provides only 4 days' notice, which is contrary to the mandatory requirement of 15 clear days under Section 49(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Hence, the impugned notice is quashed. If any fresh notice is issued, it shall comply with the mandatory 15-day notice period.
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 27-01-2025 issued by the Assistant Commissioner for a no-confidence motion meeting scheduled on 31-01-2025. The court heard the matter and delivered judgment on 17-02-2025.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: Section 49(3)
- Constitution of India: Articles 226, 227
