Case Note & Summary
The appellant, Smt. Gopemma, was the President of Gram Panchayat Nirna. Certain members of the Gram Panchayat issued a notice of no-confidence motion against her. The appellant challenged the notice before the learned Single Judge, who dismissed her writ petition. Aggrieved, she filed this writ appeal. The core issue was whether the notice of no-confidence motion complied with Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which requires the notice to specify the date and time of the meeting. The appellant argued that the notice did not mention any date or time, rendering it invalid. The respondents contended that the notice was valid. The Division Bench examined the notice and found that it indeed did not specify the date and time of the meeting. The court held that the requirement under Section 49(2) is mandatory and that the notice was defective. Consequently, the court allowed the appeal, set aside the order of the learned Single Judge, and quashed the no-confidence motion. The court directed that if the members wish to move a fresh no-confidence motion, they may do so in accordance with law.
Headnote
A) Panchayat Raj - No-confidence motion against President - Notice requirements - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The notice of no-confidence motion must specify the date and time of the meeting; failure to do so renders the motion invalid - Held that the notice issued by the members did not mention the date and time of the meeting, making the no-confidence motion invalid (Paras 1-10).
Issue of Consideration
Whether the notice of no-confidence motion against the President of Gram Panchayat is valid when it does not specify the date and time of the meeting as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Final Decision
The writ appeal is allowed. The order dated 04.02.2019 passed by the learned Single Judge in W.P.No.200149/2019 is set aside. The no-confidence motion initiated against the appellant is quashed. If the respondents wish to move a fresh no-confidence motion, they may do so in accordance with law.
Law Points
- No-confidence motion
- Gram Panchayat
- President
- Notice requirements
- Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Mandatory compliance
- Invalid motion
- Writ appeal allowed
