Case Note & Summary
The petitioner, Smt. Padmavathi Jayaram, was the President of Motagondanahalli Grama Panchayat. A no confidence motion was moved against her and a meeting was held on 22.01.2019, where the motion was passed. The petitioner challenged the resolution, arguing that the notice period of 15 days as required under Section 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 was not complied with. The court examined the records and found that the notice was issued on 18.01.2019 for a meeting on 22.01.2019, which was only 4 days, not 15 days. The court held that the notice period is mandatory and the resolution was void. The court quashed the resolution and allowed the writ petition.
Headnote
A) Grama Panchayat - No Confidence Motion - Notice Period - Section 49(2) Karnataka Grama Swaraj and Panchayat Raj Act, 1993 - The court considered whether the no confidence motion passed against the petitioner, the President of Motagondanahalli Grama Panchayat, was valid when the notice period of 15 days as required under Section 49(2) of the Act was not complied with. The court held that the notice period is mandatory and non-compliance renders the resolution void. The court quashed the resolution dated 22.01.2019. (Paras 2-4)
Issue of Consideration
Whether the no confidence motion passed against the petitioner, the President of Motagondanahalli Grama Panchayat, is valid when the notice period of 15 days as required under Section 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 was not complied with.
Final Decision
The court allowed the writ petition and quashed the resolution dated 22.01.2019 passed by the Motagondanahalli Grama Panchayat.
Law Points
- Mandatory notice period for no confidence motion
- Grama Panchayat
- Section 49(2) Karnataka Grama Swaraj and Panchayat Raj Act
- 1993
- Writ of Certiorari
- Quashing of resolution
Case Details
2019 LawText (KAR) (07) 23
Writ Petition No.6605/2019 (LB-ELE)
Sri N K Ramesh (for petitioner), Sri M.A.Subramani (HCGP for R1 & R2), Sri K.N.Puttegowda (for R3), Sri M.R.Rajagopal (for R4-R6 & R10-R19)
The Deputy Commissioner, Ramanagara District; The Assistant Commissioner, Ramanagara Sub-Division; Motagondanahalli Grama Panchayat; Shri. Venkataswamy B.J; Smt. Shanthamma; Smt. Anusuya; Shri. Ranganatha; Shri. Hanumanth; Smt. Shashikala; Smt. Manjula; Shri. M.D.Mahesh; Smt. Tayamma; Smt. Ranjitha; Shri. Madhu; Shri. Chandrayai; Smt. Rathnamma; Shri. Yogaraj; Smt. Kalpana; Smt. M.R.Rathnamma
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Nature of Litigation
Writ petition challenging the validity of a no confidence motion resolution passed against the petitioner, the President of a Grama Panchayat.
Remedy Sought
Quashing of the resolution dated 22.01.2019 passed by the Grama Panchayat.
Filing Reason
The petitioner was aggrieved by the no confidence motion passed against her without complying with the mandatory 15-day notice period under Section 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993.
Issues
Whether the no confidence motion passed against the petitioner is valid when the notice period of 15 days as required under Section 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 was not complied with.
Submissions/Arguments
The petitioner argued that the notice period of 15 days was not complied with as the notice was issued on 18.01.2019 for a meeting on 22.01.2019, which is only 4 days.
The respondents did not dispute the facts but argued that the notice period was sufficient.
Ratio Decidendi
The notice period of 15 days under Section 49(2) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 is mandatory. Non-compliance with the notice period renders the no confidence motion resolution void.
Judgment Excerpts
The notice is dated 18.01.2019 and the meeting is scheduled on 22.01.2019. That is hardly a period of 4 days. The mandatory period of 15 days as contemplated under Section 49(2) of the Act has not been complied with.
In that view of the matter, the impugned resolution is rendered void and is liable to be quashed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka challenging the resolution dated 22.01.2019. The court heard the matter and passed the order on 10.07.2019.
Acts & Sections
- Karnataka Grama Swaraj and Panchayat Raj Act, 1993: Section 49(2)
