Adhyaksha of a Gram Panchayat challenged notice of a No Confidence Motion meeting, contending she was the only member of the reserved category and procedure was violated. The Court found no violation of the prescribed procedure and rejected the writ petition.
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NC: 2024:KHC:53006 WP No. 34836 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 34836 OF 2024 (LB-RES)
BETWEEN:
SMT V M SHEELA W/O. MAHENDRA, AGE ABOUT 40 YEARS OCC ADHYAKSHARU VALALAHALLI GRAMA PANCHAYATHI, SAKALESHPURA TALUK. RESIDING AT HOLALAHALLI, POST VALALAHALLI, SAKALESHPUR - TALUK, HASSAN - DISTRICT 573127.
…PETITIONER
(BY SRI. PRAKASH M PATIL.,ADVOCATE)
AND:
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:53006 WP No. 34836 of 2024
…RESPONDENTS
(BY SMT.V. SPOORTHI., HCGP FOR R1 AND R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE ASSISTANT COMMISSIONER, SAKALESHPURA SUBDIVISION, THE R-2 HEREIN, BEARING NO. ELECTION 87-2024-25 DATED 07.12.2024 CONVENING THE GRAM PANCHAYAT MEETING ON 24.12.2024 AT 12.30 PM TO CONSIDER THE NO CONFIDENCE MOTION MOVED AGAINST THE PETITIONER / PRESIDENT OF VALALAHALLI GRAM PANCHAYAT VIDE ANNX-A AND QUASH ALL FURTHER PROCEEDINGS IN THE SAID CASE IN THE INTEREST OF JUSTICE AND EQUITY; DECLARE THAT THE PROVISION OF NO CONFIDENCE MOTION PROVIDED IN SECTION 49 OF THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 IS INAPPLICABLE WHERE THE POST OF PRESIDENT / VICE PRESIDENT OF GRAM PANCHAYAT FALLS UNDER THE RESERVED CATEGORY AND THERE IS ONLY ONE ELECTED MEMBER BELONGING TO THE
NC: 2024:KHC:53006 WP No. 34836 of 2024
SAID RESERVED CATEGORY AMONG THE MEMBERS OF GRAM PANCHAYAT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner is the elected 'Adhyaksha’ of Valalahalli Gram Panchayat, and she is aggrieved by the service of notice of No Confidence Motion Meeting scheduled to be held on 24.12.2024. Sri Prakash M Patil, the learned counsel for the petitioner, is heard for final disposal calling upon Smt. Spoorthi V, a learned High Court Government Pleader, to accept notice for the first and second respondents.
The learned counsel for the petitioner submits that this Court must interfere with the impugned notice because [a] the petitioner is the only Member under Backward Category A [BCA] Women Category in the Valalahalli Gram Panchayat, [b] the petitioner has been served with notice of No Confidence Motion
NC: 2024:KHC:53006 WP No. 34836 of 2024
Meeting on the date the intention to make such Motion is delivered, and [c[ No Confidence Motion is moved because of a decision to act against a certain delinquent.
This Court cannot intervene on any of these grounds as the learned counsel is unable to persuade this Court to accept that there is any violation in the procedure that is contemplated for convening a 'No Confidence Motion' Meeting. The petition, therefore, stands rejected.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-
1 issue framed by the court
Whether the notice convening a No Confidence Motion meeting against the petitioner, Adhyaksha of the Gram Panchayat, could be quashed for procedural irregularity or inapplicability of Section 49 to re
2 provisions across 2 enactments
Smt V M Sheela
The State of Karnataka
Assistant Commissioner Sakaleshpura Sub-Division
Executive Officer Taluk Panchayat, Sakaleshpura
Valalahalli Gram Panchayat
Principal Secretary Rural Development and Panchayat Raj
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
