Case Note & Summary
The petitioner, Sri Harisha I.E., was the President of Ichanahally Gram Panchayat. A no-confidence motion was moved against him by the respondents, who were members of the Panchayat. The motion was passed in a meeting held on 05.12.2018. The petitioner challenged the validity of the motion on the ground that the notice period of 15 days as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was not complied with. The court examined the facts and found that the notice was issued on 19.11.2018 and the meeting was held on 05.12.2018. The court computed the notice period and found that only 14 clear days were available, not 15 days as required. The court held that the requirement of 15 days' notice is mandatory and non-compliance renders the motion invalid. The court allowed the writ petition and quashed the no-confidence motion and the consequent resolution.
Headnote
A) Panchayat Raj - No-confidence motion - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Notice period - The court considered whether the no-confidence motion against the petitioner was valid when the notice period of 15 days was not complied with. The court held that the requirement of 15 days' notice is mandatory and non-compliance renders the motion invalid. (Paras 1-10) B) Panchayat Raj - No-confidence motion - Computation of notice period - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court examined the computation of the 15-day notice period. The court held that the date of receipt of notice and the date of meeting are to be excluded, and the intervening days must be at least 15 clear days. (Paras 1-10) C) Panchayat Raj - No-confidence motion - Invalid motion - Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court held that the no-confidence motion was invalid due to non-compliance with the mandatory notice period, and consequently, the meeting and resolution were also invalid. (Paras 1-10)
Issue of Consideration
Whether the no-confidence motion moved against the petitioner as President of Ichanahally Gram Panchayat was valid when the notice period of 15 days as required under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was not complied with.
Final Decision
The court allowed the writ petition and quashed the no-confidence motion and the consequent resolution passed in the meeting held on 05.12.2018.
Law Points
- No-confidence motion
- Gram Panchayat
- President
- Section 49(2) Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Notice period
- 15 days
- Invalid motion
- Writ jurisdiction
