Petitioner challenged meeting notice for no confidence motion in Gram Panchayat. Court dismissed writ petition holding notice was devoid of merit and no statutory bar existed for initiation after 30 months. Order granted interim stay earlier dissolved.
Writ petition rejected; interim order stayed and dissolved.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE G.NARENDAR
WRIT PETITION No.105407/2018 (LB-RES)
BETWEEN:
SMT. CHITRANGI G. NAIK, W/O GOKULDAS NAIK, AGE: 34 YEARS, OCC: PRESIDENT OF GRAM PANCHAYAT, R/O: HANKON VILLAGE, TQ: KARWAR, DIST: UTTARA KANNADA. ...PETITIONER
(BY SRI S.S.BETURMATH, ADVOCATE)
A N D :
OCC:MEMBER OF GRAM PANCHAYAT, HANKON GRAM PANCHAYAT, TQ:KARWAR, DIST:UTTARA KANNADA.
(BY SRI RAVI V.HOSAMANI, AGA FOR R1 AND R2, SRI S.V.YAJI, ADV. FOR R5 TO R10, R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.HAGRAPANI. AV. ANIMAM. SABHE.03/2017-18 DATED:18.08.2018 ISSUED BY ASSISTANT COMMISSIONER, KARWAR SUB-DIVISION, KARWAR I.E., RESPONDENT NO.2 VIDE ANNEXURE-"F" AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner.
writ petition. Thereafter on 18.08.2018, a further notice of no confidence motion came to be moved before the 2nd respondent and yet again promptly the petitioner approached this Court in the instant writ petition. This Court vide order dated 30.08.2018 has been pleased to grant an interim relief staying the operation of the impugned meeting notice at Annexure-F.
provisions of Section 49 (1) of the Act as a motion of no confidence simplicitor. In that view of the matter and in view of the observations of the Division Bench while disposing of the batch of Writ Appeals registered as Writ Appeal Nos.5159-5160/1998, the instant writ petition being devoid of merits requires to be rejected and is accordingly rejected.
Interim order granted earlier stands dissolved.
(Sd/-) JUDGE
jm/-
3 issues framed by the court
Whether a motion of no confidence can be initiated after the completion of 30 months' period under the Karnataka Panchayat Raj Act, 1993.
Whether the meeting notice issued in Form No.2 required referring to specific allegations.
Whether the instant writ petition qua a motion of no confidence simplicitor required to be dismissed.
Smt. Chitrangi G. Naik
The State of Karnataka
The Assistant Commissioner, Karwar Sub-Division
The Executive Officer, Taluk Panchayat, Karwar
Hankon Gram Panchayath
Smt. Samiksha W/o Santos Devdas
G.Narendar
As recorded by the court registry
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