Kar HC | Karnataka Gram Swaraj and Panchayat Raj Act, 1993: No-confidence motion moved against Adhyaksha within first 30 months of election is invalid

Karnataka High Court: The Bench comprising of S. Sunil Dutt Yadav, J. hearing a petition challenging motion of no-confidence moved against President of Hallare Gram Panchayat, held the same to be invalid for not being in accordance with law.

Petitioner, the President of Hallare Gram Panchayat, was issued a notice issued by respondent whereby motion of no-confidence was sought to be initiated against him for his alleged misconduct. He challenged the said notice in the instant petition contending that as per Section 49(1) Proviso 2 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 a resolution expressing want of confidence cannot be moved within first thirty months from the date of the election. Since he was elected on 22-03-2018 and the motion was moved on 25-09-2018, therefore the respondent ought not to have entertained the no-confidence motion in view of prohibition given under proviso to Section 49(1).

The Court held that proceedings initiated by respondent infracted the prohibition contained in proviso to Section 49(1) of the Act and hence was liable to be set aside. It was observed that the only exception for moving a motion of no-confidence against a President of Gram Panchayat was if it is initiated with allegations under Section 49(2) of the Act. However, in view of the judgment of the Division Bench of this Court in Lakshmamma v. State of Karnataka, 2018 SCC OnLine Kar 1750 the said option also could not be exercised until fresh rules in that regard were framed. 

Accordingly, the petition was allowed and respondents were granted liberty to pursue an action for removal of petitioner for alleged acts of misconduct under Sections 43-A and 48(4) of the Act. [Preethi v. Assistant Commissioner, Mysore Sub-Division, 2018 SCC OnLine Kar 2788, Order dated 13-12-2018]

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