Case Note & Summary
The petitioners, Sri T. Rajakumar Naik and Smt. Gangamma, were elected members of Kanchipura Gram Panchayat in May 2010. On 30.12.2013, 14 members, including the petitioners, presented a notice to the Assistant Commissioner for a no-confidence motion against the President, Smt. Thimmakka, and Vice President, Sri Parameshwarappa K.E. The Assistant Commissioner fixed the meeting for 20.01.2014. However, on 17.01.2014, the petitioners submitted a representation stating that they had withdrawn their support from the motion and requested adjournment of the meeting. The Assistant Commissioner did not consider the representation. The petitioners filed writ petitions under Articles 226 and 227 of the Constitution seeking a direction to the Assistant Commissioner to consider their representation and adjourn the meeting. The Court observed that the petitioners, having signed the notice, could withdraw their support before the meeting. The Court directed the Assistant Commissioner to consider the representation and pass appropriate orders before the scheduled meeting, and to adjourn the meeting if necessary. The petitions were disposed of accordingly.
Headnote
A) Local Self-Government - No-Confidence Motion - Withdrawal of Support - Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Petitioners, who signed a notice for a no-confidence motion against the President, sought adjournment of the meeting by withdrawing their support. The Court held that the Assistant Commissioner must consider the petitioners' representation dated 17.1.2014 and pass appropriate orders before the scheduled meeting, as the petitioners had a right to withdraw support before the meeting. (Paras 1-5)
Issue of Consideration
Whether the petitioners, who were signatories to a notice for a no-confidence motion, can seek adjournment of the meeting by withdrawing their support before the meeting is held.
Final Decision
The Court directed the Assistant Commissioner to consider the petitioners' representation dated 17.1.2014 and pass appropriate orders before the scheduled meeting on 20.01.2014, and to adjourn the meeting if necessary. The petitions were disposed of.
Law Points
- No-confidence motion
- Gram Panchayat
- withdrawal of support
- adjournment
- representation
- natural justice
Case Details
2014 LawText (KAR) (01) 33
Writ Petition Nos.2864-2865/2014 (LB-ELE)
Sri Padmanabha Mahale, Senior Adv. for Sri K.P. Jayasimha (for petitioners); Sri P.B. Bajentri, AGA for R1 to R3
Sri T. Rajakumar Naik and Smt. Gangamma
The Assistant Commissioner, Chitradurga Sub-Division; The Panchayath Development Officer, Kanchipura Gram Panchayath; The Election Officer, Kanchipura Gram Panchayath; The Gram Panchayath Kanchipura
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution seeking direction to consider representation and adjourn no-confidence motion meeting.
Remedy Sought
Direction to the Assistant Commissioner to consider the petitioners' representation dated 17.1.2014 and adjourn the vote of confidence/no-confidence motion fixed for 20.01.2014.
Filing Reason
The Assistant Commissioner did not consider the petitioners' representation withdrawing support from the no-confidence motion and seeking adjournment.
Issues
Whether the petitioners, who were signatories to a notice for a no-confidence motion, can seek adjournment of the meeting by withdrawing their support before the meeting is held.
Submissions/Arguments
Petitioners argued that they had withdrawn their support from the no-confidence motion and therefore the meeting should be adjourned.
Respondents did not file objections; the Court considered the matter on merits.
Ratio Decidendi
A member who signs a notice for a no-confidence motion can withdraw support before the meeting is held, and the authority must consider such withdrawal and may adjourn the meeting.
Judgment Excerpts
Petitioners were elected as members of the 4th respondent during May 2010.
On 30.12.2013, 14 members of the Panchayat, including the petitioners, presented a notice before the 1st respondent to move a no-confidence motion against the President and Vice President.
The 1st respondent fixed the meeting for 20.01.2014.
On 17.01.2014, the petitioners submitted a representation stating that they had withdrawn their support and requested adjournment.
The 1st respondent did not consider the representation.
The Court directed the 1st respondent to consider the representation and pass appropriate orders before the scheduled meeting.
Procedural History
The petitioners filed writ petitions on 20.01.2014 seeking direction to consider their representation and adjourn the no-confidence motion meeting fixed for the same day. The Court heard the matter and disposed of the petitions on the same day.
Acts & Sections
- Constitution of India: Articles 226, 227
