Case Note & Summary
The petitioner, Sri S Thippeswamy, was the President of Chennammanagathihally Grama Panchayat. The respondents, including the Assistant Commissioner and several members of the Panchayat, issued a notice dated 15.02.2019 (Annexure-D) convening a meeting on 27.02.2019 to consider a no-confidence motion against the petitioner. The petitioner challenged the notice on the ground that it violated the mandatory 15-day notice period prescribed under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence) Rules, 1994. The court noted that the notice was issued on 15.02.2019 and the meeting was fixed for 27.02.2019, which is only 12 days later, thus not providing the required 15 clear days. The court held that the notice was invalid and quashed it. The writ petition was allowed.
Headnote
A) Gram Panchayat - No-confidence Motion - Notice Period - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence) Rules, 1994 - The notice for no-confidence motion must be given at least 15 days before the meeting. In this case, the notice dated 15.02.2019 fixed the meeting on 27.02.2019, which is only 12 days later, violating the mandatory period. Held that the notice is invalid and liable to be quashed. (Paras 1-5) B) Gram Panchayat - No-confidence Motion - Computation of Notice Period - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The 15-day notice period is to be computed from the date of receipt of notice by the members. The court found that the notice was issued on 15.02.2019 and the meeting was scheduled for 27.02.2019, which does not provide the required 15 clear days. Held that the notice is bad in law. (Paras 3-5)
Issue of Consideration
Whether the notice for no-confidence motion against the President of a Gram Panchayat is valid when it fails to comply with the mandatory 15-day notice period under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Rule 3(2) of the Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence) Rules, 1994.
Final Decision
The writ petition is allowed. The impugned notice dated 15.02.2019 (Annexure-D) issued by the Assistant Commissioner is quashed.
Law Points
- Mandatory notice period
- Gram Panchayat
- No-confidence motion
- Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Rule 3(2) Karnataka Gram Swaraj and Panchayat Raj (Motion of No-confidence) Rules
- 1994
