S. Basavaraj, Advocate, Daksha Legal
The decentralization of power and vesting of powers to people at grassroots level has also created scenario which we can witness at the top level. One of the most litigated issue is motion of ‘No Confidence’ being moved against the heads of local-self government i.e. Zilla Panchayats, Taluka Panchayats and Gram Panhayats.
Whether a motion for expressing lack of confidence in the Chairman of these local authorities be withdrawn “after” the meeting is fixed by the officer concerned has been considered by few High Courts. I didn’t come across any judgment of the Supreme Court or the Karnataka High Court in this regard. The case laws quoted below dealt with a scenario where legislation and subordinate legislation are silent on this aspect.
In Tarun Bhandari vs State of Haryana ILR (2006) P&H 112, the Hon’ble High of Punjab and Haryana considered the issue of withdrawal of no confidence motion “after” a meeting was convened. Rule 72A of Haryana Municipal Election Rules, 1978 provides that a motion of no confidence may be withdrawn at any time ‘before’ the meeting is convened. In M.Ibeyaima Devi vs Mutum Babita Devi AIR 2000 Gou 124, the Hon’ble Gauhati High Court held that the general Section 21 of the General Clauses Act which is enabling provision does not apply to the case and hence requisition for no confidence motion once submitted cannot be withdrawn. The same High Court also held in Mohd Abudl latiff vs State of Manipur 2010 SCC OnLine Gau 596 that once no confidence proceedings has been set in motion, the same cannot be withdrawn or cancelled.
However, the Hon’ble Madyapradesh High Court in Prabhakar Narayan Kelkar vs. State of Madhya Pradesh (Writ Petition 1368/1997 decided on 10:9:1998) held that the entire edifice raised on the foundation of the requisition crumbles to the ground in case the requisition itself is withdrawn. In the said case, the requisition for no confidence was submitted on 6:7:1996. The Commissioner, by his order dated 25:9:1996 requisitioned a special meeting for the consideration of the motion of no-confidence which was to be held on 8:10:1996. However, the requisition was withdrawn by the proposers on 5:10:1996 by informing the Commissioner that the aforesaid requisition was withdrawn. Receiving the intimation regarding withdrawal of the requisition the Commissioner passed an order dated 7:10:196 cancelling the meeting scheduled to be held on 8:10:1996 for consideration of the motion of no-confidence. In this context, the Hon’ble High Court held that the meeting could not be held since the requisition itself is withdrawn though the withdrawal was many days after the meeting was actually fixed.
Noticing the judgment in Prabhakar Narayan Kelkar vs. State of Madhya Pradesh (Writ Petition 1368/1997 decided on 10:9:1998) the Hon’ble Karnataka High Court (Justice R. Devdas) has in R. Krishnegowda and others vs State of Karnataka and others, (Writ Petition 10705/2020 decided on 7 October 2020, permitted the persons who moved the no-confidence motion to appear before the deputy Commissioner on the date of meeting and reiterate their withdrawal of requisition for no confidence. The Deputy Commissioner was directed to record the said aspect and thereafter drop the motion of no confidence. Judgment link http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/342453/1/WP10705-20-07-10-2020.pdf
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