Case Note & Summary
The writ petitions were filed by elected members of the Koppal Zilla Panchayat challenging communications from the State of Karnataka and the Regional Commissioner that blocked a no-confidence motion against the President of the Zilla Panchayat. The Zilla Panchayat had 29 members; the Indian National Congress initially held 17 seats, BJP 11, and one independent. The President, respondent No.4, had been elected in December 2018. Alleging arbitrary functioning and loss of confidence, the petitioners moved a no-confidence motion in May 2020. The President refused to receive the notice and did not call a special meeting. The members then requested the Chief Executive Officer and Regional Commissioner to fix a date for the special meeting under Section 180 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. However, the State issued a communication on 16.05.2020 stating that no-confidence motion cannot be held until rules are framed, and the Regional Commissioner endorsed this view. The petitioners contended that the right to a no-confidence motion is a constitutional right, relying on Bhanumati v. State of U.P., and that the procedure under Section 180 is self-operative without the need for separate rules. They cited several judgments of the Karnataka High Court where no-confidence motions were conducted under Section 180 without specific rules. The matter was heard on 03.07.2020 and orders were reserved. The judgment, as per the available text, does not include the court's analysis or final decision.
Issue of Consideration
Case Details
2020 LawText (KAR) (08) 55
WP Nos.146835-853/2020 (LB-RES)
Prof. Ravivarma Kumar, Gangadhar J.M., Praveen Tarikar, K. Vidyavati, Vinayak S. Kulkarni, Bhushan Kulkarni, Jayakumar S. Patil, Deepak C. Maganur, C.P. Patil
Smt. Ratnamma Baramappa Nagara and 18 Others
State of Karnataka & Ors.
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India seeking certiorari to quash communications by State and Regional Commissioner that no-confidence motion against President of Zilla Panchayat cannot be held until rules are framed, and for mandamus to direct holding of special meeting.
Remedy Sought
Petitioners (elected members of Koppal Zilla Panchayat) seek quashing of letter dated 16.05.2020 by State (Annexure-A) and letter dated 20.05.2020 by Regional Commissioner (Annexure-B), and direction to respondents 2-4 to hold a special meeting for no-confidence motion moved by petitioners against respondent No.4.
Filing Reason
Respondent No.4, President of Zilla Panchayat, allegedly failed to inspire confidence, acted arbitrarily, and did not undertake progressive work; petitioners moved a no-confidence motion, but respondent No.4 refused to call a special meeting; State and Regional Commissioner communicated that no-confidence motion cannot be held until separate rules are framed under the Act.
Issues
Whether the communication refusing to hold a no-confidence motion due to absence of rules is valid?
Whether the petitioners are entitled to a writ of mandamus to compel a special meeting for no-confidence motion under Section 180 of the Act?
Submissions/Arguments
The right to move a no-confidence motion is a constitutional right inherent in the Indian Constitution, as held in Bhanumati vs. State of U.P., and demands accountability and transparency in democratic institutions.
Section 180 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 itself provides a procedure for no-confidence motion and does not require separate rules; previous no-confidence motions have been conducted under this section without separate rules.
The State's communication that rules are yet to be framed cannot override the statutory mandate, as the Act does not make such rules a condition precedent for exercising the power; reliance on the Division Bench in M. Veerabhadraiah.
The President failed to call a special meeting as required under Section 180(2)(a), compelling the members to seek direction from the Chief Executive Officer and Regional Commissioner.
Judgment Excerpts
the right of ‘No-confidence motion’ is inbuilt under Indian Constitution.
unless the parliament or State Legislature prescribes in the Statute itself, that no action shall be taken under a particular provision of a Statute until and unless Rules are framed in that regard, the Authority, in such circumstances, is precluded from exercising power under the Statute.
The petitioners have contended... that respondent No.4 has failed to take confidence of members of Zilla Panchayath and is acting in arbitrariness.
Procedural History
The writ petitions were filed; on 03.07.2020, after hearing, the court reserved the matter for orders; judgment pronounced on 27.08.2020.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: 180, 179
- Constitution of India: 226, 227
