Case Note & Summary
The petitioner, Mrs. Chikkamuniyamma, was the President (Adhyaksha) of the Village Panchayat, K.Gollahalli Division-I. The third respondent, Smt. B. Nagarathnamma, along with others, submitted a motion of no confidence against the petitioner. The Assistant Commissioner (first respondent) issued a notice in Form-2 dated 29.09.2014 convening a meeting on 27.10.2014 to consider the motion. The petitioner challenged this notice by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking to quash the notice. The petitioner argued that the motion of no confidence contained allegations of remiss, and under Section 48(4) of the Karnataka Panchayat Raj Act, 1993, she was entitled to an opportunity of hearing before the meeting could be convened. The petitioner relied on the decision in T. Bhagyalakshmi v. State of Karnataka, 1998(1) Kar.L.J. 731. The court, after hearing the learned Senior Counsel for the petitioner and perusing the pleadings, found that there was no dispute that Section 48 of the Act provides for resignation or removal of Adhyaksha or Upadhyaksha, and Sub-Section 4 entitles every Adhyaksha and Upadhyaksha of a Grama Panchayat to an opportunity of hearing. The court held that the requirement of opportunity of hearing is mandatory, and since the petitioner was not afforded such an opportunity before issuing the notice convening the meeting, the notice was invalid. Consequently, the court quashed the notice and allowed the writ petition.
Headnote
A) Panchayat Raj - No Confidence Motion - Opportunity of Hearing - Section 48(4) Karnataka Panchayat Raj Act, 1993 - The court considered whether a notice convening a meeting to consider a no confidence motion against the Adhyaksha of a Grama Panchayat is valid without affording an opportunity of hearing as required under Section 48(4) of the Act. The court held that the requirement of opportunity of hearing is mandatory and failure to provide it renders the notice invalid. (Paras 1-3)
Issue of Consideration
Whether the notice convening a meeting to consider a no confidence motion against the petitioner-Adhyaksha is valid without affording an opportunity of hearing as required under Section 48(4) of the Karnataka Panchayat Raj Act, 1993.
Final Decision
The court allowed the writ petition and quashed the notice of meeting dated 29.09.2014 issued by the Assistant Commissioner.
Law Points
- Natural justice
- opportunity of hearing
- mandatory requirement
- Section 48(4) Karnataka Panchayat Raj Act
- 1993
- no confidence motion
- Adhyaksha
- Grama Panchayat
