Can’t interfere in no-trust move cases against GP chiefs: HC

The High Court of Karnataka disposed of over 60 petitions challenging the no-confidence motions passed against the presidents and vice presidents of various gram panchayats in the state on the ground that the court cant interfere in the cases.

Justice Vineet Kothari passed the order while hearing a batch of petitions filed by Manjula and others who have moved the court challenging the no-confidence motions passed against presidents/vice presidents of gram panchayats (GPs).

The court stated that it cannot go into the nature of the allegations under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

The bench stated that the court cannot interfere with the impugned motions or notices of the meetings and the resolutions passed in such meetings against the elected presidents and vice presidents.

The bench in the last hearing had directed for maintaining status quo that existed before passing of such resolutions and that the same shall remain subject to the final decision of the court.

The court also directed for conducting fresh meetings after the same is notified by the assistant commissioner in accordance with the circular dated February 7, 2018, issued by the state government. It consists of the guidelines regarding no-confidence motions against Adhyaksha/Upadhyaksha of Gram Panchayats.

In the case of the petitions in which the no-confidence motion is passed after February 7, 2018, the assistant commissioner is directed to proceed further as indicated above.

The High Court of Karnataka disposed of over 60 petitions challenging the no-confidence motions passed against the presidents and vice presidents of various gram panchayats in the state on the ground that the court can’t interfere in the cases.

Justice Vineet Kothari passed the order while hearing a batch of petitions filed by Manjula and others who have moved the court challenging the no-confidence motions passed against presidents/vice presidents of gram panchayats (GPs).

The court stated that it cannot go into the nature of the allegations under Section 49(2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

The bench stated that the court cannot interfere with the impugned motions or notices of the meetings and the resolutions passed in such meetings against the elected presidents and vice presidents.

The bench in the last hearing had directed for maintaining status quo that existed before passing of such resolutions and that the same shall remain subject to the final decision of the court.

The court also directed for conducting fresh meetings after the same is notified by the assistant commissioner in accordance with the circular dated February 7, 2018, issued by the state government. It consists of the guidelines regarding no-confidence motions’ against ‘Adhyaksha/Upadhyaksha of Gram Panchayats.’

In the case of the petitions in which the no-confidence motion is passed after February 7, 2018, the assistant commissioner is directed to proceed further as indicated above.

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