Case Note & Summary
The petitioner, Smt. Roopa, was the President of Honnenahalli Gram Panchayat. The respondents 5 to 14, who were members of the Panchayat, moved a no-confidence motion against her on 28-06-2018. The Assistant Commissioner issued a notice on 21-07-2018 convening a meeting to consider the motion on 28-07-2018. The petitioner challenged the motion and the notice as illegal. The High Court examined the provisions of Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which requires that a no-confidence motion must be signed by at least one-third of the total members and that a notice of at least 15 days must be given for the meeting. The court found that the motion was signed by 9 members out of 15, which satisfied the numerical requirement, but the notice period was only 7 days, falling short of the mandatory 15 days. Additionally, the motion itself did not specify any grounds. The court held that the notice and the motion were illegal and quashed them. The writ petition was allowed.
Headnote
A) Panchayat Raj - No-Confidence Motion - Gram Panchayat President - Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Validity of Motion - The motion was signed by only 9 members out of total 15, whereas the Act requires at least 1/3rd (i.e., 5) but the motion must be moved by members constituting not less than 1/3rd of total members; however, the court found that the motion was not in compliance with the mandatory 15-day notice period and the motion itself was defective as it did not specify the grounds. Held that the motion and notice are illegal and quashed. (Paras 1-5) B) Panchayat Raj - No-Confidence Motion - Notice Period - Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Mandatory 15 days' notice - The Assistant Commissioner issued notice on 21-07-2018 for a meeting on 28-07-2018, which is only 7 days, not 15 days as required. Held that the notice is invalid for non-compliance with the mandatory period. (Paras 3-5) C) Panchayat Raj - No-Confidence Motion - Signatures - Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The motion was signed by 9 members, but the court noted that the motion itself was not in proper form and the signatures were not verified. However, the main ground for quashing was the inadequate notice period. (Paras 2-5)
Issue of Consideration
Whether the no-confidence motion dated 28-06-2018 and the meeting notice dated 21-07-2018 issued by the Assistant Commissioner are valid under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993
Final Decision
The writ petition is allowed. The meeting notice dated 21-07-2018 (Annexure-F) issued by the Assistant Commissioner and the no-confidence motion dated 28-06-2018 (Annexure-A) are quashed.
Law Points
- No-confidence motion against Gram Panchayat President must be signed by at least 1/3rd of total members
- notice period of 15 days mandatory
- strict compliance with Section 49(2) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993 required
