Case Note & Summary
The petitioners, Smt. Honnamma and Sri Basavaraj Shivanappa Bangari, who were the President and Vice President respectively of Ganadahal Gram Panchayat, Yelburga Taluk, Koppal District, filed a writ petition under Article 226 of the Constitution challenging the no-confidence motion passed against them. The respondents included the Assistant Commissioner, Koppal, and several members of the Gram Panchayat. The petitioners contended that the no-confidence motion was not validly passed as there was no proper quorum and the procedure prescribed under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was not followed. The court examined the records and noted that the motion was passed by a majority of the total members of the Gram Panchayat. The court held that the petitioners failed to establish any illegality or procedural irregularity in the passing of the no-confidence motion. Consequently, the writ petition was dismissed, upholding the validity of the no-confidence motion.
Headnote
A) Local Self-Government - No-Confidence Motion - Gram Panchayat - Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Sections 49, 50 - Validity of no-confidence motion against President and Vice President - Petitioners challenged the motion on grounds of lack of quorum and procedural irregularities - Court examined the records and found that the motion was passed by a majority of the total members of the Gram Panchayat - Held that the motion was validly passed and no interference is warranted under Article 226 of the Constitution (Paras 1-10).
Issue of Consideration
Whether the no-confidence motion passed against the President and Vice President of the Gram Panchayat was valid and in accordance with law.
Final Decision
The writ petition is dismissed. The no-confidence motion against the petitioners is upheld.
Law Points
- No-confidence motion
- Gram Panchayat
- Majority
- Procedural validity
- Writ jurisdiction
Case Details
2025 LawText (KAR) (02) 59
WP No. 100211 of 2025 (LB-ELE)
Smt. Honnamma and Sri Basavaraj Shivanappa Bangari
The Assistant Commissioner, Koppal District, and others
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Nature of Litigation
Writ petition challenging the validity of a no-confidence motion passed against the President and Vice President of a Gram Panchayat.
Remedy Sought
The petitioners sought to quash the no-confidence motion and to be restored to their positions as President and Vice President.
Filing Reason
The petitioners alleged that the no-confidence motion was passed without proper quorum and in violation of the procedure under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Issues
Whether the no-confidence motion was passed in accordance with the provisions of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Whether the writ petition is maintainable under Article 226 of the Constitution.
Submissions/Arguments
The petitioners argued that the no-confidence motion was not validly passed as there was no proper quorum and the procedure was not followed.
The respondents contended that the motion was passed by a majority of the total members and was valid.
Ratio Decidendi
A no-confidence motion against the President and Vice President of a Gram Panchayat is valid if passed by a majority of the total members of the Gram Panchayat, and the court will not interfere under Article 226 unless there is a clear violation of statutory provisions or principles of natural justice.
Judgment Excerpts
The motion was passed by a majority of the total members of the Gram Panchayat.
The petitioners have failed to establish any illegality or procedural irregularity in the passing of the no-confidence motion.
Procedural History
The petitioners filed a writ petition under Article 226 of the Constitution challenging the no-confidence motion passed against them. The court heard the matter and dismissed the petition.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: Sections 49, 50
