Panchayat members can move no-confidence motion anytime after initial 15 months: Karnataka High Court

Bengaluru: The elected members of the Gram Panchayat are entitled to move a Motion of No Confidence at any point of time during the term, except during the initial period of 15 months from the date on which the members take oath, the Karnataka high court has said in a recent judgement. “Permitting a Motion of No Confidence even towards the end of the term ensures that an elected office bearer does not misuse the remaining tenure for any improper or extraneous purposes,” Justice Suraj Govindaraj said, while dismissing the petition filed by CN Srinivas, Adhyaksha of Chaldiganahalli Gram Panchayat, Srinivasapura taluk of Kolar district.

The petitioner challenged the December 20, 2025, notice issued by the Assistant Commissioner, Kolar sub-division, fixing January 7, 2026, as the date of the meeting to consider the requisition of no confidence motion. The members of Gram Panchayat were elected in the elections held on December 30, 2020.

According to the petitioner, although the original term had expired, it was extended and the notice was issued when only fifteen days remained for the completion of the extended term of the Gram Panchayat. It was contended that the No Confidence Motion was moved at the fag-end of the term in a mala fide manner. It was done solely on account of the petitioner not having succumbed to the demands made by certain members for release of a sum of Rs 65 lakh available with the panchayat.

On the other hand, the Additional Advocate General submitted that though the elections were held on December 30, 2020, the first meeting was convened on February 12, 2021, and therefore, the term of the Gram Panchayat would continue till February 11, 2026.

After perusing the provisions, Justice Suraj Govindaraj noted that no infirmity could be found with the notice issued by the Assistant Commissioner fixing the meeting for consideration of the No Confidence Motion. The elected members of a Gram Panchayat are entitled to move a Motion of No Confidence at any point of time during the term, subject only to statutory embargoes, the court said.

“The only embargo contemplated under the statute is during the initial period of fifteen months from the date on which the members take oath. There is no embargo prescribed for the latter part of the term. The legislative intent is clear that while stability is ensured during the initial period, elected representatives must remain accountable throughout the term. Permitting a Motion of No Confidence even towards the end of the term ensures that an elected office bearer does not misuse the remaining tenure for any improper or extraneous purposes,” the court said.