Fresh no-trust motion under panchayat rules valid based on earlier requisition: Karnataka HC

Bengaluru: The High Court of Karnataka has ruled that if a no-confidence motion meeting under the Karnataka Panchayat Raj Rules could not be held due to a court stay order, it can be held after a fresh notice is issued based on the earlier requisition even after the lapse of 30 days from the requisition, within 30 days of the stay being vacated by issuing a notice of 15 clear days. 

The court noted this while dismissing a petition challenging the issuance of notice for a meeting to consider the no-confidence motion by an earlier requisition. 

The petition was filed by Gangavva, president of the Jakkali gram panchayat in Ron taluk of Gadag district. 

Initially, the notice was issued by the assistant commissioner on November 6, 2024, informing Gangavva that a meeting would be held on November 29, 2024, for considering the no-confidence motion against her. This meeting was cancelled for want of quorum. 

Subsequently, another notice was issued informing about the meeting scheduled for July 2, 2025, on the basis of a new requisition by the members submitted on June 6, 2025. 

On July 1, 2025, the high court stayed the notice on Gangavva’s petition and on July 9, disposed of the petition by reserving liberty on the ground that the petition was rendered infructuous as the meeting was not held on July 2. 

The petitioner moved the high court again challenging the July 14 notice, fixing the date of the meeting on July 30, 2025, enclosing the earlier requisition dated June 6, 2025. 

It was argued that the assistant commissioner could not have enclosed the June 6 requisition as it had lapsed. It was further submitted that a fresh requisition was needed as per Rule 3 of the Karnataka Panchayat Raj (Motion of No-confidence against Adhyaksha and Upadhyaksha of Gram Panchayat) Rules, 1994.

The petitioner also submitted that the meeting is required to be held within 30 days of the requisition being submitted in terms of Sub-rule (2) of Rule 3 of the Rules. 

On the other hand, the village panchayat members, who filed the no-confidence requisition, contended that it was always open for the assistant commissioner to issue a fresh notice fixing a fresh date of meeting and submitted that the requisition dated June 6, 2025, continues to hold. 

Justice Suraj Govindaraj noted that the interim order in the earlier litigation ended within seven days, thereby the stay also vacated. 

“The assistant commissioner has issued notice on 14/07/2025 fixing the date of meeting as 30/07/2025. Looked at from another angle, the period of 30 days which has been fixed under Sub-rule (2) of Rule 3 of Rules of 1994, is to protect the interest of the persons moving the no-confidence motion to ensure that their requisition/requisition for no-confidence is acted upon in a time-bound manner within a period of 30 days. Thus, the grievance, if any, in respect of no action being taken within 30 days could only be raised by the requisitioners and not by the person against whom the requisition has been moved,” the court said.