No trust motion: Ban won't extend after resignation, disqualification or death of GP prez, says Karnataka HC

The prohibition for 15 months for moving a no-confidence motion will not get extended from the date on which a president or vice-president ( Adhyaksha or Upadhyaksha) assumed office at a gram panchayat after assuming office post the resignation, disqualification or death of the first elected Adhyaksha or Upadhyaksha, according to the High Court Karnataka. 

The court said this while dismissing the petition filed by an Adhyaksha of Bagalur gram panchayat, Yelahanka taluk, Bengaluru Urban. 

The petitioner, Preethi Munegowda, was elected a member of the Bagalur village panchayat on December 27, 2021.

She was elected as Adhyaksha on March 7, 2023, after the first elected Adhyaksha resigned on February 1, 2023, which was accepted on February 22, 2023.

On October 10, 2023, a requisition for a no-confidence motion was submitted against her and November 21, 2023 was fixed as the date for taking up that motion. She challenged this in the high court. 

She contended that since she got elected as Adhyaksha in March 2023, in terms of section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, she is protected for 15 months for moving a no-confidence motion. 

Justice Suraj Govindaraj noted that even though the term of Panchayat remains at five years, the five-year term of Adhyaksha and Upadhyaksha has been reduced to two terms of 30 months each on account of the reservation provided under section 43 of the Act as well as the prohibition relating to moving a no-confidence motion has been reduced to 15 months from 30 months. 

The court said that a president or vice-president, who assumes office after the resignation, disqualification or death of the first elected president or vice-president, will occupy the post for the remainder of the term.The first term shall be calculated from the date of declaration of election results to 30 months. Thereafter, the second term shall be calculated from the end of the above 30 months till the completion of the term of the panchayat. 

“In the present case, the petitioner has 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 election results were declared, which expired on 26.05.2023. Hence, there is no prohibition for moving a no-confidence motion since the period of protection of 15 months is over,” Govindaraj said.