Sri Pundalik S/O Fakkirappa Uppar, v. the State of Karnataka, Represented by Its
Case brief
What is this about?
Karnataka High Court, Dharwad Bench; WP No.100785/2025 (LB-ELE), decided 05.02.2025 by Justice Suraj Govindaraj; no-confidence motion against Adhyaksha of Madlur Gram Panchayat (Taluk Yaragatti, District Belagavi); first proviso to Section 49(1) 'ten days clear notice', Karnataka Gram Swaraj and Panchayat Raj Act, 1993; Rule 3 and Forms No.I and No.II of the Motion of No-Confidence Rules, 1994; whether requisition (Form I) must accompany the Assistant Commissioner's notice (Form II); whether a 30-day wait is required after quashing of an earlier notice (order dated 20.01.2025 in W.P.No.100107/2025); Full Bench W.P.No.102077/2022 dated 08.08.2022; Shankargouda W.A.No.200087/2022; Smt. Sharanamma WP.100675/2025; held: no enclosure requirement, no 30-day bar, 10-day clear notice runs to the Adhyaksha/Upadhyaksha and not to the Assistant Commissioner; petition dismissed.
What did the court decide?
Point No.I answered: the requisition notice in Form No.I is not required to be enclosed along with the notice issued by the Assistant Commissioner in Form No.II of the Rules of 1994; the issue is no longer res integra, this Court having dealt with it in WP.No.100675/2025.