- a a a a a — — __ -e ,1 IN TIE HIGH CJRT 7 K%RuiAflKis AT BAIC%ILRE Dated this the 5th day of June 1998 TILE HON’BIa 4t. JIbt’IC.E CH;JDRASliEKRAIAH au PtITICI( NO. 1167/1997 Between: 3• anathea, d/o.Gopelai di, ‘pd 40 years, £x-Adnyakshe, Undiganal Grama Panchayst, Arasik.fl Taluk Esetan District. . .Petitioner (Sri B. aud.agowda, Advocate) And: 1. 3 tabe of Kgrnataka, by its Secretary, Department of 1 ursl Development, N’ 3 ,Sui]ding, Aabedker toed, Bang aloe—1. 2. The As2jstant Commission-er, H,ssqn aubarDivisitn, ilqssan. . The )epaty Commise sioner, Hassan District, Kqssan. 4. UMigrinel Gras Pgnchgyat by its Jecretary, Undiganal, Arasikese T aluk, flassan Dist. . .iespondents (K. Nagaraja, HCGP) a Jrit etition is fii2d under 1rticles 226 5 nd 22( of tt Constitution of India praying to declare that the proceedin’S daed 2O., 997 vide Annexiire— is ilL gal 5 nd the titiner contu!Jue as Adhyaksha of Udigflal ‘rama Psnchyat. T hjs tit ion coming up for preliminsry hearing fl B group today, the Court made the following: ORDER The titionr wS an Adhyskaha of the Undiganal Grams Panchayat. s against him some of the mbers of the Gram Panchayst moved a motion of no confidence by giving notice to the Ajs 5 nt Cojssjoner 5s required uncter ule 3(1) of the Krnataka Panchayat Rj (Motion of no confidence aginS dhyaksha and Upadhyaksha of the Grams Panchsy) Rules, 1994. On that notice the Asistnst Commjssioner called for the ieting fixing tI date of meeting as 2O,.i997 to oorider the motion of no confidence. In the meeting the motion placed for consideration has been caried by two thirmajority. This resolution is called in question by t petitiDner in this writ tition on the ground that there is no ten days clear notice to the members of the Grama Panchqyt, 2 Unde Rule 49 pcoviso ten days notice is to be given to th Assistant Commissioner exprsSing invention to me the resoiuti and not to the memiS of the rama Panchnyat. In the said view of the matter the is no subs ance in the contention of the learned counsel for the petitir 5ince the r€solution has been oarrid by two thir majority, I fifld no illegality or irregularity in passing the resolution. 3. In the result, I pass the following order: grit petition is rejected. Sd/ JUDGE J/090698