PARVATHI, W/O VEERESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, in this intra-court appeal, have laid a challenge to the judgment and order of the learned single Judge (which is yet to be made available), whereby their writ petition challenging the initiation of 'No-Confidence Motion' in question has been negatived at the stage of Preliminary Hearing.

(2.) Learned counsel for the appellants, Sri H.M.Dharigond, vehemently contends that the impugned 'No-Confidence Motion' has an error apparent on the face of the record inasmuch as, the text of the 'No-Confidence Motion' notice contains allegations of, inter alia, 'misuse of power' which expression is employed in Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act', for short), and therefore, the case falls within the ambit of Section 49(2) as interpreted by a Co-ordinate Bench of this Court in the case of Smt. Lakshmamma Vs. The State of Karnataka and Others, 2019 1 KCCR 161, on which one of us [KSDJ] was a Member.

(3.) Learned counsel banking upon the said decision further contends that the Co-ordinate Bench has restrained taking up of such 'No-Confidence Motions' which fall within the frame of Section 49(2) of the Act till after the Government promulgates the Rules and the Rules having not been promulgated as yet, the Motion is unsustainable. He loudly reads para 47 of the judgment which is as follows: