Case Note & Summary
The petitioner, Sri Mahabaleshwar Patil, was the Chairman (Adhyaksha) of Gram Panchayat Halaga, Khanapur Taluk, Belagavi District. He filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice dated 07.02.2025 issued by the Assistant Commissioner, Belagavi Sub Division (Respondent No.2), which called for a meeting to consider a motion of no-confidence against him. The petitioner contended that the notice was issued in violation of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha) Rules, 1994, as the meeting was convened without the requisite quorum of two-thirds of the total members of the Gram Panchayat. The Gram Panchayat Halaga had 11 members, and the motion was allegedly supported by only 7 members, which was less than the required two-thirds (i.e., 8 members). The petitioner argued that the Assistant Commissioner failed to verify the quorum before issuing the notice. The respondents, including the State and the Gram Panchayat, did not contest the petition substantively; the Government Advocate accepted notice, and notice to private respondents was dispensed with. The court, after hearing the petitioner's counsel, found that the impugned notice was issued without complying with the mandatory quorum requirement. The court observed that the Assistant Commissioner must ensure that the motion is supported by at least half of the total members and that the meeting is convened only after verifying the signatures and quorum. Since the notice was issued in violation of the statutory provisions, the court allowed the petition and quashed the impugned notice dated 07.02.2025.
Headnote
A) Panchayat Raj - No-confidence Motion - Quorum Requirement - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court held that the notice for removal of the Adhyaksha was invalid as the meeting was conducted without the required quorum of two-thirds of the total members, and the Assistant Commissioner failed to verify the quorum before proceeding. (Paras 1-5) B) Panchayat Raj - No-confidence Motion - Notice Validity - Rule 3(2) Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha) Rules, 1994 - The court held that the Assistant Commissioner must ensure that the motion is supported by at least half of the total members and that the meeting is convened only after verifying the signatures and quorum. (Paras 1-5) C) Constitutional Law - Writ of Certiorari - Articles 226 and 227 of the Constitution of India - The court quashed the impugned notice dated 07.02.2025 issued by the Assistant Commissioner, Belagavi, as it was issued without following the mandatory procedure under the Act and Rules. (Paras 1-5)
Issue of Consideration
Whether the notice for removal of the petitioner as Adhyaksha of Gram Panchayat Halaga is valid when the meeting was held without quorum and in violation of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha) Rules, 1994.
Final Decision
The writ petition is allowed. The impugned notice bearing No. ZÀÄ£ÁªÀuÉÃ/UÁæ.¥ÀA/«ªÀ-01/2024-25 dated 07.02.2025 issued by the Assistant Commissioner, Belagavi Sub Division (Respondent No.2) is quashed.
Law Points
- Quorum requirement for no-confidence motion
- Gram Panchayat Chairman removal
- Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Rule 3(2) Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha) Rules
- 1994
