Case Note & Summary
The petitioner, B.R. Siddaramu, was the Upadhyaksha (Vice President) of Gollahalli Grama Panchayat. He was aggrieved by a notice dated 26.08.2019 issued by the Assistant Commissioner, fixing 13.09.2019 as the date to consider a motion of no-confidence against him. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that Rule 3(1), Rule 3(2), and Rule 3(4) of the Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 are ultra vires and unconstitutional, being in conflict with Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993. The petitioner argued that Section 49 does not prescribe any notice period or quorum for a no-confidence motion, and the rules impose additional requirements that are beyond the rule-making power. The respondents, including the State of Karnataka and the Assistant Commissioner, defended the rules as procedural and within the scope of delegated legislation. The court analyzed Section 49 of the Act, which provides for the removal of Adhyaksha and Upadhyaksha by a motion of no-confidence passed by a majority of not less than two-thirds of the total members. The court noted that Section 49 does not specify the procedure for convening the meeting or the notice period, leaving it to the rules. The court referred to Section 323 of the Act, which empowers the State Government to make rules for carrying out the purposes of the Act. The court held that Rule 3(1), which requires a notice of 15 days, Rule 3(2), which requires the notice to be signed by at least one-third of the total members, and Rule 3(4), which requires the presence of at least half of the total members for the meeting, are procedural in nature and do not conflict with Section 49. The court emphasized that the rules are meant to ensure a fair and orderly process and are within the rule-making power. The court dismissed the writ petition, upholding the validity of the rules.
Headnote
A) Constitutional Law - Delegated Legislation - Ultra Vires - Rule 3(1), 3(2), 3(4) of Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 - Section 49 of Karnataka Gram Swaraj and Panchayath Raj Act, 1993 - The petitioner challenged the rules as ultra vires the parent Act, arguing that the rules imposed additional requirements not found in Section 49. The court held that the rules are procedural and do not exceed the rule-making power under Section 323 of the Act. The rules are consistent with Section 49 and are valid. (Paras 1-10) B) Panchayati Raj - No-Confidence Motion - Notice Period - Section 49 of Karnataka Gram Swaraj and Panchayath Raj Act, 1993 - Rule 3(1) of the 1994 Rules - The petitioner contended that the 15-day notice period under Rule 3(1) is inconsistent with Section 49 which does not prescribe any period. The court held that Section 49 does not prohibit prescription of a notice period and the rule is a procedural safeguard. The rule is intra vires. (Paras 5-8) C) Panchayati Raj - No-Confidence Motion - Quorum - Rule 3(4) of the 1994 Rules - The petitioner argued that Rule 3(4) requiring presence of at least half of the total members is ultra vires Section 49. The court held that the rule is procedural and does not conflict with Section 49. The rule is valid. (Paras 5-8)
Issue of Consideration
Whether Rule 3(1), 3(2) and 3(4) of the Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 are ultra vires and unconstitutional being in conflict with Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993?
Final Decision
The writ petition is dismissed. Rule 3(1), 3(2) and 3(4) of the Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 are held to be intra vires the Karnataka Gram Swaraj and Panchayath Raj Act, 1993.
Law Points
- Interpretation of Section 49 of Karnataka Gram Swaraj and Panchayath Raj Act
- 1993
- Validity of delegated legislation
- Rule 3(1)
- 3(2)
- 3(4) of Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules
- 1994
- Doctrine of ultra vires
- Requirement of notice period for no-confidence motion
