- (1.) The petitioner is presently working as Adhyaksha of Marikoppam Gram Panchayat, Marikoppa. A no confidence motion appears to have moved against him before the Assistant Commissioner, who has, in terms of Rule 3 (2) of the Karnataka Panchayat Raj (Motion of no confidence against Adhyaksha or Upa-Adhyaksha of Gram Panchayat) Rules, 1994, issued a notice convening the meeting of the Panchayat for 26th August, 1995 for considering the said motion.
(2.) Aggrieved of the said notice, the petitioner has filed the present writ petition to contend that since the post of Adhyaksha had been reserved for a Scheduled Caste candidate and since the petitioner was the only Scheduled Caste candidate out of the members of the Panchayat, a no confidence motion was not permissible in law against him nor could the same be taken up for discussion in the meeting proposed to be held under the impugned notice.
(3.) I have heard Sri B. Rudragowda, learned Counsel for the petitioner, who argued that in terms of Section 46 of the Karnataka Panchayat Raj Act, 1993, the term of office of every Adhyaksha and every Upa-Adhyaksha of the Gram Panchayat shall, ceases only on the expiry of his term of office as a Member of the Gram Panchayat. He urged that since the petitioner's term as a Member of the Panchayat expires in the year 1999 his continuance as Adhyaksha was protected under Section 46 of the Act till the date of expiry of his term as a Member of the Panchayat. Alternatively he submitted that the post of Adhyaksha being reserved for a Scheduled Caste candidate and the petitioner being the only Scheduled Caste Member of the Panchayat, he could not be removed from the said office on the basis of a no confidence motion brought against him. I find no merit in either one of the arguments. The reasons are obvious,;