Meena vs the Principal Secretary Rural Development and Panchayati Raj Department

MEENA vs The Principal Secretary Rural Development and Panchayati Raj Department

Type Court Judgment Court Karnataka Orders Decided Feb 01, 2025

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https://sooperkanoon.com/case/1778775

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Citation: sooperkanoon.com/1778775
Court: Karnataka Orders High Court
Judge: N S Sanjay Gowda
Decided On: Feb 01, 2025
Case Number: WP/31105/2024

Parties & Advocates

Appellant / Petitioner

MEENA

Respondent

The Principal Secretary Rural Development and Panchayati Raj Department

Excerpt

.....to conduct motion of no confidence against the petitioner scheduled on 27/11/2024 in the office of gumballai gram panchayath, yellandur taluk, etc. this petition, coming on for preliminary hearing in ‘b’ group, this day, order was made therein as under: coram: hon'ble mr justice n s sanjay gowdaoral order1. the petition is filed challenging a notice by which a special meeting has been convened to consider the motion of no-confidence that had been moved against the petitioner. -3-2. learned counsel for the petitioner seeks to contend that there was absolutely no reason forthcoming for moving the motion of no-confidence, and therefore, the notice was illegal.3. in my view, the rules or the provisions of the karnataka panchayat raj act, 1993 do not contemplate that the members ought to give any reason for moving a motion of no-confidence.4. it is also noticed that the requisition has been madeby 14 members and the requisite amount of days has been given by the assistant commissioner while convening a special meeting. there is, therefore, no infirmity in the entire procedure adopted, and therefore, writ petition is dismissed.5. as a consequence, it is needless to state that theassistant commissioner shall ensure that the election for the post of ‘adhyaksha’ would be conducted -4- within a period of two weeks from the date of receipt of a copy of this order.6. in view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. sd/- (n s sanjay gowda) judge hnm list no.: 1 sl no.: 76

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31105 OF 2024 (LB-RES) BETWEEN:
1. MEENA
W/O R GOVINDARAJU AGED ABOUT 42 YEARS, R/O UPPARA STREET, UPPINA MOLE VILLAGE, NEAR SRI MANTESWAMY TEMPLE, YALANDURU TALUK, CHAMARAJANAGARA DIST 571441 …PETITIONER (BY SRI. GOPALA KRISHNA MURTHY.K., ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY

RURAL DEVELOPMENT Digitally AND PANCHAYATI RAJ DEPARTMENT signed by GOVERNMENT OF KARNKATAKA, KIRAN M S BUILDING, BENGALURU 560001 KUMAR R Location: HIGH 2. DEPUTY COMMISSIONER COURT OF CHAMARAJANAGARA DISTRICT, KARNATAKA CHAMARAJANAGARA 571441

3. ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGALA

4. EXECUTIVE OFFICER TALUK PANCHAYAT YALANDURU TALUK, YALANDURU -2-

5. PANCHAYATH DEVELOPMENT OFFICER

GUMBALI GRAMA PANCHAYATH, YALANDURU TALUK …RESPONDENTS (BY SMT.SPOORTHI.V., AGA FOR R-1 TO R-3; SRI.S.NARENDRA., ADVOCATE FOR R-4 & R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ANNEXURE-D THAT THE NOTICE BEARING NO. CHUNAVANE (A) C R 03/2024-25 DATED 11/11/2024 ISSUED BY THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA, AND CONSEQUENTLY DIRECT THE ASSISTANT COMMISSIONER KOLLAGALA SUB-DIVISION, KOLLEGALA NOT TO CONDUCT MOTION OF NO CONFIDENCE AGAINST THE PETITIONER SCHEDULED ON 27/11/2024 IN THE OFFICE OF GUMBALLAI GRAM PANCHAYATH, YELLANDUR TALUK, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The petition is filed challenging a notice by which a special meeting has been convened to consider the motion of No-confidence that had been moved against the petitioner. -3-

2. Learned counsel for the petitioner seeks to contend that there was absolutely no reason forthcoming for moving the motion of No-confidence, and therefore, the notice was illegal.

3. In my view, the Rules or the provisions of the Karnataka Panchayat Raj Act, 1993 do not contemplate that the members ought to give any reason for moving a motion of No-confidence.

4. It is also noticed that the requisition has been made

by 14 members and the requisite amount of days has been given by the Assistant Commissioner while convening a special meeting. There is, therefore, no infirmity in the entire procedure adopted, and therefore, Writ Petition is dismissed.

5. As a consequence, it is needless to state that the

Assistant Commissioner shall ensure that the election for the post of ‘Adhyaksha’ would be conducted -4- within a period of two weeks from the date of receipt of a copy of this order.

6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 76

Same Court & Year Karnataka Orders · 2025 Same Parties MEENA vs The Principal Secretary Rural Development and Pancha... Same Judge N S Sanjay Gowda