GANGIBAI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioner has assailed resolution dated 22.01.2018 signed by the 1st respondent-Assistant Commissioner, Hosapete Taluk (Annexure-D) as well as meeting notice dated 30.12.2017 (Annexure-A).

(2.) When this writ petition was heard for preliminary hearing, this Court while issuing notice to the respondents granted stay of resolution dated 22.01.2018 The writ petition is listed for taking steps to serve respondent No.18. At that stage, learned Additional Government Advocate for respondent No.1, learned counsel for caveators/respondent Nos.3 to 17 and learned counsel for respondent No.2 objected to extension of stay and contended that the writ petition is not maintainable. In the circumstances, I have heard learned counsel for the respective parties at length.

(3.) Petitioner has sought for quashing of the meeting notice dated 30.12.2017 issued by the 1st respondent as well as the resolution dated 22.01.2018, Annexures-A and D respectively. The meeting notice and the resolution pertain to no confidence motion taken up against the petitioner under Section 49 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993 (hereinafter referred to as 'the Act' for the sake of brevity) and Karnataka Panchayath Raj (Motion of No Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994 (hereinafter referred to as 'the Rules' for the sake of brevity).