Bengaluru: 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, the Karnataka high court observed.Justice Suraj Govindaraj made the observation recently while dismissing a petition filed by CN Srinivas, president of Chaldiganahalli gram panchayat, Srinivasapura taluk of Kolar district.
The petitioner challenged a Dec 20, 2025 notice issued by the assistant commissioner, Kolar sub division, fixing Jan 7, 2026 as the date of a meeting for considering the requisition of a no-confidence motion.According to him, the gram panchayat members were elected on Dec 30, 2020, and there was hardly any time left in their tenure.He contended that the motion of no confidence was moved for a mala fide reason, solely on account of his not having succumbed to the alleged demands made by certain members for the release of Rs 65 lakh available with the panchayat.On the other hand, additional advocate general Prathima Honnapura submitted that the first meeting of the gram panchayat was convened on Feb 12, 2021, and therefore, the term of the elected body would continue till Feb 11, 2026.Justice Suraj Govindaraj noted that the contention of the petitioner was untenable, as 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 only embargo contemplated under the statute is during the initial period of 15 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 judge added while dismissing the petition.
