Case Note & Summary
The petitioner, Smt. Sharanamma, was the President of Hiresingangutti Gram Panchayat. A no-confidence motion was moved against her by 18 members of the Panchayat. The notice for the motion was issued on 13.01.2025, and the meeting was scheduled for 27.01.2025, which was the 14th day from the date of notice. The motion was passed on that day, and the Assistant Commissioner confirmed it. The petitioner challenged the validity of the motion on the ground that the notice period of 15 days as required under Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was not complied with. The court examined the provision and held that the requirement of 15 clear days' notice is mandatory. The word 'shall' in the provision indicates that it is a substantive requirement and cannot be waived by the members. The motion passed on the 14th day was invalid. The court quashed the resolution and the order of the Assistant Commissioner confirming it. The writ petition was allowed.
Headnote
A) Local Self-Government - No-Confidence Motion - Mandatory Notice Period - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court considered whether the 15-day notice period for a no-confidence motion against the President of a Gram Panchayat is mandatory. The court held that the requirement of 15 clear days' notice is mandatory and cannot be waived by the members. The motion passed on the 14th day was invalid and quashed. (Paras 1-10) B) Statutory Interpretation - Mandatory vs Directory - Use of 'shall' - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court interpreted the word 'shall' in the provision as mandatory, indicating that the notice period is a substantive requirement and not merely directory. The court relied on the principle that when a statute prescribes a period for doing an act, it must be strictly complied with. (Paras 5-8) C) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to quash the resolution passed in violation of statutory requirements, holding that the Assistant Commissioner's order confirming the motion was without jurisdiction. (Paras 9-10)
Issue of Consideration
Whether the notice period of 15 days prescribed under Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 for a no-confidence motion is mandatory and whether the motion passed on the 14th day is valid.
Final Decision
The court allowed the writ petition, quashed the no-confidence motion and the order of the Assistant Commissioner dated 27.01.2025, and restored the petitioner as President of the Gram Panchayat.
Law Points
- Mandatory notice period
- Gram Panchayat
- No-confidence motion
- Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Waiver of notice period
- Statutory interpretation
- Writ of Certiorari
