Case Note & Summary
The petitioner, Sri G.R. Kumar, the President of Vishwanathana Halli Gram Panchayat, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a meeting notice dated 11.06.2019 issued by the Assistant Commissioner, Chitradurga Sub-Division (first respondent). The notice called for a meeting to be held on 27.06.2019 for the purpose of considering the removal of the petitioner from the post of President. The petitioner contended that the meeting notice was vitiated because three of the members who were signatories to the requisition, namely respondent Nos. 7, 8, and 9, were disqualified and deemed to have vacated their office under Section 3(3) of the Karnataka Panchayat Raj Act, 1993 due to their failure to attend three consecutive Panchayat meetings held on 02.12.2016, 01.02.2017, and 17.07.2017. The petitioner had made a representation to the Assistant Commissioner regarding this disqualification, which was pending at the time of the notice. The court heard the learned counsel for the petitioner, the caveator, and the High Court Government Pleader. The court observed that the short ground on which the petition was based was that the meeting notice was vitiated by the inclusion of members whose disqualification was pending adjudication. The court held that since the representation regarding disqualification was pending and the members continued to hold office until a decision was made, the meeting notice was liable to be quashed. Accordingly, the court allowed the writ petition and quashed the impugned notice dated 11.06.2019.
Headnote
A) Panchayat Raj - Disqualification of Members - Section 3(3) of Karnataka Panchayat Raj Act, 1993 - Failure to attend meetings - The court considered whether members who failed to attend three consecutive meetings are deemed to have vacated office. The court held that the issue of disqualification must be adjudicated by the competent authority before the members can be treated as disqualified. The meeting notice calling for removal of the President was quashed as it included members whose disqualification was pending consideration. (Paras 3-5) B) Writ Jurisdiction - Certiorari - Illegal Meeting Notice - Articles 226 and 227 of Constitution of India - The court exercised its writ jurisdiction to quash a meeting notice issued by the Assistant Commissioner on the ground that it was vitiated by inclusion of allegedly disqualified members. The court held that the notice was liable to be set aside as the representation regarding disqualification was pending and the members continued to hold office until a decision was made. (Paras 4-5)
Issue of Consideration
Whether a meeting notice issued by the Assistant Commissioner for removal of the President of a Gram Panchayat is valid when three members who are alleged to be disqualified under Section 3(3) of the Karnataka Panchayat Raj Act, 1993 are included as signatories to the requisition.
Final Decision
The writ petition is allowed. The impugned notice dated 11.06.2019 bearing No. Election: CR:13/19-20 issued by the first respondent is quashed.
Law Points
- Disqualification of members for failure to attend meetings
- Deemed vacation of office
- Requirement of prior adjudication before calling meeting
- Writ of certiorari against illegal notice
