Case Note & Summary
The petitioner, Smt. Mahanand W/o. Siddappa Melgeri, was the President of the Galagi Gram Panchayat. She filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a resolution dated 18.01.2025 passed by the Assistant Commissioner (Respondent No. 2) and a notice dated 27.01.2025 issued by the Specific Officer and Taluka Executive Officer (Respondent No. 3) concerning a no-confidence motion against her. The petitioner contended that the resolution and notice were issued without following the mandatory procedure under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The respondents, including the State of Karnataka, the Assistant Commissioner, the Taluka Executive Officer, the Panchayat Development Officer, and several members of the Gram Panchayat (Respondents 5 to 18), opposed the petition. The court, after hearing the parties, found that the impugned resolution and notice were not in compliance with the mandatory requirements of Section 49(2) of the Act. Consequently, the court allowed the writ petition, quashing the resolution dated 18.01.2025 and the notice dated 27.01.2025. The court did not impose any costs.
Headnote
A) Panchayat Law - No-Confidence Motion - Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory Procedure - The court examined whether the resolution and notice for a no-confidence motion against the President of a Gram Panchayat complied with the mandatory procedure under Section 49(2) of the Act. The court found that the Assistant Commissioner's resolution and the subsequent notice were issued without following the prescribed procedure, and thus quashed them. Held that any deviation from the mandatory procedure renders the resolution and notice invalid. (Paras 1-10) B) Constitutional Law - Writ of Certiorari - Articles 226 and 227 of the Constitution of India - Quashing of Administrative Orders - The petitioner sought a writ of certiorari to quash the resolution and notice. The court, exercising its writ jurisdiction, found that the impugned orders were passed in violation of statutory provisions and thus liable to be quashed. Held that the High Court can interfere under Articles 226 and 227 when there is a clear violation of law. (Paras 1-10)
Issue of Consideration
Whether the resolution dated 18.01.2025 passed by the Assistant Commissioner and the notice dated 27.01.2025 issued by the Specific Officer/Taluka Executive Officer for a no-confidence motion against the petitioner are valid and in compliance with Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Final Decision
The writ petition is allowed. The resolution dated 18.01.2025 passed by the Assistant Commissioner and the notice dated 27.01.2025 issued by the Specific Officer/Taluka Executive Officer are quashed. No order as to costs.
Law Points
- Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- mandatory procedure for no-confidence motion
- quashing of resolution for non-compliance
- writ of certiorari
