Case Note & Summary
The petitioner, Smt. Gangavva, was the Adhyaksha of Jakkali Gram Panchayat. On 14 July 2025, the Assistant Commissioner issued a notice for a no-confidence motion against her, scheduling the meeting for 29 July 2025. The petitioner challenged the notice on the ground that it violated Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which requires that before issuing a notice for a no-confidence motion, the Adhyaksha must be given prior intimation and 15 days to submit a reply. The petitioner argued that no such intimation was given, and the notice was issued directly without affording her an opportunity to respond. The respondents contended that the provision was directory and that the notice was valid. The court examined the language of Section 49(2A) and held that the requirement is mandatory, as the word 'shall' is used and the provision is intended to protect the Adhyaksha from frivolous motions. The court found that the notice was issued without prior intimation and without allowing the 15-day period, thus violating the statutory mandate. Consequently, the court quashed the notice dated 14 July 2025 and directed that if a fresh motion is to be initiated, it must comply with the procedure under Section 49(2A). The writ petition was allowed.
Headnote
A) Panchayat Raj - No-Confidence Motion - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory Procedure - The notice for no-confidence motion against the Adhyaksha must be preceded by an intimation to the Adhyaksha, who must be given 15 days to respond, failing which the notice is invalid. The court held that the requirement is mandatory and not directory, and non-compliance renders the notice liable to be quashed. (Paras 1-10) B) Natural Justice - Right to Hearing - Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Prior Intimation - The provision embodies principles of natural justice by requiring the Adhyaksha to be informed and given an opportunity to respond before a no-confidence motion is initiated. The court held that the notice issued without such intimation violates the statutory mandate and is unsustainable. (Paras 1-10)
Issue of Consideration
Whether the notice for no-confidence motion against the Adhyaksha of Gram Panchayat is valid when it fails to comply with the mandatory requirement under Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, requiring prior intimation to the Adhyaksha and a 15-day period for response.
Final Decision
The writ petition is allowed. The notice dated 14/7/2025 bearing No. UÁæ¥ÀA/C«±Áé ̧À/ªÀ»-13/2025-26 issued by the Assistant Commissioner is quashed. If a fresh no-confidence motion is to be initiated, it shall be done in accordance with Section 49(2A) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Law Points
- Natural justice
- Statutory interpretation
- Mandatory compliance with procedural requirements
- Section 49(2A) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
