In a recent judgment, the Karnataka High Court explained how to calculate the prohibition period against no-confidence motions under the Karnataka Gram Swaraj and Panchayat Raj Act.

The Bench of Justice Suraj Govindaraj observed: "The president or vice president who assumes office post the resignation, disqualification or death of the first elected president or vice president would not be entitled to a further protection of 15 months from the date on which he/she assumed office but the period of 15 months will be calculated from the date of results of election if for the first term, so far as second term is concerned the said period will be calculated from the date of expiry of 30 months calculated from the date of declaration of election results."

Senior Counsel Ashok Harnahalli appeared for the petitioner, while Senior Counsel Jayakumar S Patil, among others, appeared for the respondents.

In this case, the petitioner sought the quashing of a notice for a no-confidence motion. The petitioner, elected as a member of Bagaluru Grama Panchayath for the 2020-2025 term, became the Adhyaksha on 07.03.2023. A requisition for a no-confidence motion was made on 18.10.2023, and a meeting was scheduled for 21.11.2023.

The petitioner contended that, under the Karnataka Gram Swaraj and Panchayath Raj Act, the second proviso to Section 49 protected the Adhyaksha from a no-confidence motion for 15 months after election. The petitioner argued that the motion was moved within this prohibited period, and the notice was improperly issued. The respondent countered, citing the decision in Smt C Pushpa vs The State of Karnataka, in which it was held that once the prohibition period expires after the first election, any subsequent election during the term of the Grama Panchayath would not trigger a new protection period against a no-confidence motion. In light of the same, the respondent asserted that the prohibition should be calculated from the first 15 months after the first president's election.

The short question that arose in the matter was whether there was any change of circumstance by way of amendment to Section 46 and Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which would make the decision in C. Pushpa’s case inapplicable to the present matter?

The Court found no change in circumstances requiring a departure from the reasoning of the Co-ordinate Bench of this Court in C. Pushpa’s case.

In light of the same, the Court observed that, "A president or vice president who assumes office post the resignation, disqualification or death of the first elected president or vice president will occupy the said post for the reminder of the term. The 1st term shall be calculated from the date of declaration of election results to a period of 30 months thereafter, the 2nd term shall be calculated from the end of the above 30 months till the completion of the term of the panchayat."

In a similar vein, the Court further clarified that, "The president or vice president who assumes office post the resignation, disqualification or death of the first elected president or vice president would not be entitled to a further protection of 15 months from the date on which he/she assumed office but the period of 15 months will be calculated from the date of results of election if for the first term, so far as second term is concerned the said period will be calculated from the date of expiry of 30 months calculated from the date of declaration of election results."

With that background, the Court noted that in the present case, since the petitioner had assumed office from 07.03.2023, the prohibition of 15 months under the second proviso to Section 49 would have to be taken into consideration from 27.12.2021, when elections results were declared, which expired on 26.05.2023. Hence, it was held that there was no prohibition for moving a no-confidence motion since the period of protection of 15 months was over.

Consequently, the petition was dismissed.

Cause Title: R Reethi Mune Gowda vs The State of Karnataka & Ors.

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Karnataka High CourtJustice Suraj GovindarajKarnataka Gram Swaraj & Panchayat Raj Act

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