Smt. Rani K. N. vs The State of Karnataka

B.S. Patil, J.—Learned Additional Government Advocate takes notice for respondents 1 & 2.

Petitioner is the President of Siddapura Gram Panchayat, Vijajpet Taluk, Kodagu District-respondent No. 3 herein. No-Confidence Motion was moved against the petitioner by the members of the Gram Panchayat by submitting a requisition on 12.02.2014 to the Assistant Commissioner, Kodagu. Based on the requisition submitted, the Assistant Commissioner has commenced the meeting of the meeting of the members of the Gram Panchayat on 10.03.2014 at 10 a.m. to discuss on the No-Confidence Motion. Aggrieved by this action, the present writ petition is filed by the President against whom the No-Confidence Motion is moved.

Learned counsel for the petitioner contends that one of the members of the Gram Panchayat Smt. Margaret Elliza who has signed the requisition addressed to the Assistant Commissioner has resigned from her post as member of the Gram Panchayat. He contends that as the requisition is signed by the said member Smt. Margaret Elliza, entire process initiated based on such requisition is vitiated and therefore, the meeting notice dated 19.02.2014 fixing the date of meeting of the Gram Panchayat on 10.03.2014 for discussing No-Confidence Motion deserves to be quashed.

Learned Additional Government Advocate points out that President against whom the no-confidence meeting is convened cannot be permitted to challenge the No-Confidence Motion. He further points out that as long as the requisite number of members of the Gram Panchayat have signed the requisition, mere fact that one of the members, who had ceased to be a member on account of her resignation, had also joined in submitting the requisition does not vitiate the process initiated.

Having heard the learned counsel for the parties, I find that admittedly the total strength of members of the Gram Panchayat is 24. Out of them, 16 members have signed the requisition submitted to the Assistant Commissioner including Margaret Elliza. Even assuming that she could not have joined the other members in submitting the representation as she had already submitted her resignation, the said fact will not vitiate the requisition made to the Assistant Commissioner because the number of members, excluding Margaret Elliza, who submitted the requisition would come to 15, which is in excess of 1/3rd of the total number necessary for submission of a valid No-Confidence Motion. In my view, the requisition cannot be characterized as vitiated merely because one member who has allegedly ceased to be a member has also signed the requisition.

Hence, I do not find any merit in this contention. Petition is therefore dismissed.

Learned Additional Government Advocate'' is permitted to file memo of appearance for respondent 1 & 2 within three weeks from today.