Raja Vasant Nayak vs The State of Karnataka

Mohan M. Shantanagoudar, J.—Petitioner being the former Vice President of Manvi Taluk Panchayat is aggrieved by the meeting notice for electing the new Vice President of the Taluk Panchayat. He is also aggrieved by the no confidence motion passed against him. The records reveal that out of 21 elected members of Taluk Panchayat, Manvi, 19 persons moved no confidence motion against the petitioner; the meeting was held on 18.12.2013 on which date the no confidence motion was passed against the petitioner, consequently the post of Vice President of Taluk Panchayat fell vacant. In order to fill up the said vacancy, meeting is called to elect Vice President of the Taluk Panchayat by issuing notice as per Annexure-''F'' dated 21.12.2013. Petitioner is aggrieved by the said election notice.

Smt. Hema L. Kulkarni, learned Advocate for the petitioner submits that the no confidence motion moved by 19 persons itself is illegal and therefore the resolution passed based on such illegal motion is liable to be ignored; as a consequence thereof, according to her, the election proceedings now initiated needs to be stalled.

The aforementioned contentions cannot be accepted. Admittedly, the petitioner has lost majority. Under the democratic set up the elected representative who has lost the confidence of the majority of the members has to vacate the seat in order to facilitate the election process for electing the new President or Vice President as the case may be. It is not open for the petitioner at this stage to contend that the no confidence motion moved against the petitioner is bad in the eye of law. Though the petitioner''s contention that the procedure adopted for moving the no confidence motion is contrary to Section 141 of the Karnataka Panchayat Raj Act, 1993, the same is unacceptable in view of the observations made by this Court in the case of Shantibai B. Bohi vs. The Chief Executive Officer, Zilla Panchayat, Gulbarga District and others reported in 2005 (2) KLJ 264 wherein this Court has ruled that the technicalities should not come in the way of continuing with democratic process. Since the seat of the Vice President of the Taluk Panchayat, Manvi is now vacant, it is but natural for the Taluk Panchayat to elect the new Vice President. Since the elections are due to be held today i.e. on 03.01.2014 and since the election process is already under progress, no interference is called for. Accordingly, petition fails and the same stands dismissed.