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M. Swarna vs State Of Karnataka And Ors

Karnataka High Court · Decided on 8 January 2020 · Citation: S. Sunil Dutt Yadav, J

HON’BLE JUDGES
Prakash K M, Prathima Honnapura, A. V. Gowtham, Kalyan Basavaraj
ACTS & SECTIONS REFERRED
Karnataka Gram Swaraj And Panchayat Raj Act, 1993 — Section 49(2)
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 203 Of 2020 (LB-ELE)
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Judgment

6 paragraphs · 184 words
1.

Issue notice to the respondents.

Learned Additional Government Advocate accepts notice for respondents 1 and 2. Sri. Kalyan Basavaraj, learned counsel accepts notice for respondents 4 to 22.

2.

It is the notice at Annexure-B, issued by the Assistant Commissioner convening the meeting to consider the motion of no confidence that has been called in question.

3.

Learned counsel for the petitioner points out that there are certain allegations made in the complaint at Annexure-A and accordingly, motion of no confidence is to be treated to be one with allegations under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

4.

Learned counsel for the members though would contest the said contention submits that in light of ambiguity and to ensure that there is no lapse in moving the motion of no confidence, they would not proceed with the complaint dated 16.12.2019.

5.

In light of the said submission, petition is disposed off as requiring no further adjudication. However, liberty is reserved to the petitioners to move the motion of no confidence without any allegations, if they are so advised.