Case Note & Summary
The petitioner, Smt. Sharadabai, was elected as the Adhyaksha (President) of Nagathibasapura Gram Panchayat on 04.02.2021. She challenged a notice dated 13.05.2022 issued by the Assistant Commissioner, Harapanahalli, calling for a meeting on 20.05.2022 to consider a no-confidence motion against her. The notice was based on a representation dated 11.05.2022 allegedly signed by 15 members of the Gram Panchayat. The petitioner contended that the notice was illegal and contrary to Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which requires a minimum of 15 days' clear notice before the meeting and verification of signatures by the Assistant Commissioner. The court observed that the notice period was only 7 days, far short of the mandatory 15 days, and that the Assistant Commissioner had not verified the signatures on the representation. The court held that both requirements are mandatory and non-compliance vitiates the notice. Accordingly, the court quashed the impugned notice and directed that the no-confidence motion process cannot proceed on the basis of the invalid notice. The writ petition was allowed.
Headnote
A) Panchayat Raj - No-Confidence Motion - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Notice Period - The Assistant Commissioner issued notice for no-confidence motion against the petitioner, the Adhyaksha of Gram Panchayat, on 13.05.2022 fixing the meeting on 20.05.2022, which is only 7 days later, whereas Section 49(2) requires a minimum of 15 days clear notice. The court held that the notice period is mandatory and non-compliance renders the notice invalid. (Paras 4-5) B) Panchayat Raj - No-Confidence Motion - Verification of Signatures - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The Assistant Commissioner issued notice based on a representation dated 11.05.2022 allegedly signed by 15 members, but the court noted that the Assistant Commissioner did not verify the signatures before issuing the notice. The court held that verification of signatures is a mandatory requirement before issuing notice for no-confidence motion. (Paras 4-5) C) Panchayat Raj - No-Confidence Motion - Quashing of Notice - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court quashed the impugned notice dated 13.05.2022 issued by the Assistant Commissioner, as it was issued without complying with the mandatory requirements of Section 49(2) regarding notice period and verification of signatures. (Para 5)
Issue of Consideration
Whether the notice for no-confidence motion against the petitioner, the Adhyaksha of Gram Panchayat, issued by the Assistant Commissioner is 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 impugned notice dated 13.05.2022 bearing No.14/2022-23 issued by the second respondent-Assistant Commissioner is quashed. The no-confidence motion process cannot proceed on the basis of the invalid notice.
Law Points
- No-confidence motion
- Gram Panchayat
- President
- Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Notice period
- Verification of signatures
- Mandatory requirement
- Quashing of notice
