Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 105 cost of altering repairing and keeping in proper order privies etc Page 1 of about 100 results (0.268 seconds)

Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... contained in section 49 of the karnataka gram swaraj and panchayat raj act, 1993 ( the act of 1993 ) and the motion of no-confidence brought thereunder, have been considered together; and are taken ..... altering the three provisos to sub-section (1) as mentioned above, the 2015 amendment added sub-section (2) to section 49, which reads as under: w.a.nos.844/2018 & 853/2018 & connected matters 136 "notwithstanding anything contained in sub-section (1), no resolution expressing want of confidence against an adhyaksha or upadhyaksha, shall be moved except on specific allegation of misuse or abuse of power or authority in executing any scheme, action plan or direction of government or project of the panchayat or of misappropriating funds or other assets of the panchayat ..... section (2) of section 49 should be struck down as being ultra vires since it is unworkable and arbitrary, specially in the absence of a corresponding amendment to the rules of 1994, which have been promulgated keeping in view only sub- section (1) of section 49 as it originally existed, notwithstanding the circular dated 07.02.2018 which is only an executive instruction having no force of law and which apparently is prospective in operation; an executive instruction cannot be a substitute for the rules, which the act ..... and r3 - served) this writ appeal is filed u/s4of the karnataka high court act praying to allow the appeal, set aside the order dated282/2018 passed by the learned single judge in writ petition657118 & etc .....

Raju Rudraiah Matapathi Vs. Secretary to Government, Department of Rur ...

Court : Karnataka

Reported in : 2007(6)KarLJ187; 2007(3)KCCR2080; 2007(5)AIRKarR101

..... the fact that the petitioner has obtained the cheque in his name and has encashed the same has made the 1st respondent to come to the conclusion that the action of the petitioner tantamounted to misconduct as stated under section 12(h) of the karnataka panchayat raj act, 1993. ..... the competent authority namely the secretary, department of rural development and panchayat raj has considered the reply submitted by the petitioner and after holding an enquiry into the allegations made has passed the impugned order recording a finding that the allegations made against the petitioner stood proved. ..... provision contained under section 12(h) of the act, a person shall be disqualified for being chosen and for being a member of the grama panchayat if he has directly or indirectly any share or interest in any work done by order of the grama panchayat or in any contract or employment with, or under, or by, or on behalf of the grama panchayat; (or if he is either directly or indirectly by himself or by his agent, partner or employee involved in obtaining or execution of any such work or contract on behalf of the grama panchayat or of any contract for the supply of goods and services to the ..... for the foregoing reasons, this writ petition being devoid of merits is dismissed with no order as to costs.government pleader is permitted to file memo of appearance within six weeks. .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... against the petitioners as required under section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act of 1993 for short) and since the said non obstante provisions of section 49(2) of the act of 1993 covers all cases of no confidence motions against adhyakshas/ upadhyakshas of the gram panchayats, such motions cannot be moved without containing any specific allegation of misuse or abuse of powers or of corruption etc. ..... the question, whether all such no confidence motions against adhyakshas/ upadhyakshas can be moved only under section 49(2) or can be so moved under section 49(1) also without any allegations of misuse or abuse of powers or of corruption under section 49(1) of the act of 1993, will require consideration and a proper and harmonious interpretation of the two sub- sections of section 49 of the act of 1993.5. ..... ponnanna therefore submitted that the motions moved in the present cases have been moved in accordance with section 49(2) of the act and under the interim orders of this court allowing such motions to be considered by the members of the grama panchayat, the same have been considered by the members of the grama panchayats in accordance with the rules of 1994 and in almost all the cases, the motion has been carried out by 2/3rd majority required resulting in the vacation of the office ..... the mullur grama panchayath hunsur taluk, mysuru district-571 105 represented by its panchayath development officer.2.3. ... ..... no costs. .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... the petitioner submits that the assistant commissioner has not followed the requisite procedure as contemplated under section 49 of the karnataka panchayat raj act, 1993 read with rule 3 of the karnataka panchayat raj (motion of no confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994. ..... the procedure to be followed is prescribed by the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, and the manner of issue of notice is governed by ..... adhyaksha or upadhyaksha, shall be moved within one year from the date of his election:provided also that where a resolution expressing want of confidence in any adhyaksha or upadhyaksha has been considered and negatived by a grama panchayat a similar resolution in respect of the same adhyaksha or upadhyaksha shall not be given notice of, or moved, within one year from the date of the decision of the grama ..... he shall give to the members a notice of not less than fifteen clear days of such meeting in form ii:provided that where the holding of such meeting is stayed by an order of a court, the assistant commissioner shall adjourn the said meeting and shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members, ..... view that by way of an interpretive process, it is not proper for this court to upset the will of the majority and by resorting to technicalities. .....

Smt. Laxmavva W/O Shivappa Padasalagi Vs. the State of Karnataka, Repr ...

Court : Karnataka

Reported in : ILR2007KAR1028; 2007(2)KarLJ45; 2007(2)KCCR1489; 2007(3)AIRKarR189(DB)

..... it is to be noted that the object of introduction of karnataka panchayat raj act was, decentralization of the administrative system by introducing panchayat raj institutions in the state of karnataka for the effective rendering service to the public by the local self-government and as such at village level- gram panchayat and taluk level -panchayats, are established. ..... appearing for the appellant, relying upon the provisions of rule 3(1) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, (for short 'the rules') contended that, as the written notice of intention to make the motion is not in form-i and since it does not accompany the proposed motion, there is violation of mandatory requirement of provisions of the act and rules. ..... regard, rules called as karnataka panchayat raj rules 1994 have been ..... as per clause (2), the assistant commissioner thereafter shall convene a meeting for consideration of the motion at the office of the gram panchayat on the date appointed by him which shall not be later than 30 days from the date of which notice under sub-rule (1) of ..... we have perused rule 3(1) read with section 49 of the act and the decision of the learned single judge in mallamma's case as well ..... though the matter is posted for orders, since the contesting respondents 1 and 2-government, are served and as the matter can be disposed of on a short question, with the consent of counsel on both sides, matter is taken .....

Vilas Murthy Srinivasarao Kulkarni Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2007(6)KarLJ121; 2007(5)AIRKarR421;

..... by the said entry, the 4th respondent herein, had preferred an appeal before the 2nd respondent on 28-11-2006 under the provisions of section 269(1) of the karnataka panchayat raj act, 1993, it is seen from the impugned order that the petitioner herein had taken up a contention before the appellate authority (chief executive officer, taluk panchayat) urging that in view of the notification dated 16-1-2007 issued by the state government establishing the bruhath bangalore mahanagara palike which included ' ..... learned counsel appearing for the respondents contends that section 500(h) of the kmc act would enable the authorities under the panchayat raj act to entertain the appeal filed prior to issue of annexure-c, notification and to consider and dispose of the appeal and therefore the executive officer had rightly exercised ..... chief executive officer placing reliance on a circular dated 7-3-2007 issued by the state government, department of rural development and panchayat raj, proceeded to assume jurisdiction and decided the matter as per the impugned order.3. ..... that by virtue of section 500(a) of the kmc act, the panchayat shall cease to have jurisdiction over such area and any order made under the provisions of the karnataka panchayat raj act immediately before the said date in respect of the said local area shall continue to be in force and shall be deemed to have been made under the provisions of the kmc act, until it is superseded or modified as per the provisions of the kmc act. .....

Prof. B.K. Chandrashekar and Another Vs. State of Karnataka and Anothe ...

Court : Karnataka

Reported in : AIR1999Kant461; ILR1999KAR2513; 1999(6)KarLJ394

..... --in section 4 of the karnataka panchayat raj act, 1993 (karnataka act 14 of 1993) (hereinafter referred to as the 'principal act'), in sub-section (1)-- (i) for the words 'not less than five thousand and not more than seven thousand' the words 'not less than ten thousand and not more than sixteen thousand' shall be substituted; (ii) in the first proviso, for the words 'not less than two thousand five hundred' the words 'not less than six thousand' shall be substituted; (iii) in ..... state of karnataka enacted karnataka panchayat raj act, 1993 (for short, 'the act') in order to incorporate and give effect to the provisions of part ix of the constitution of india. 10 ..... while assigning meaning to the word 'election' used in the context of articles 324 and 329(b) of the constitution it was held that the word 'election' can be and has been properly used with reference to the entire process which consists of several stages and embraces many steps, some of which may have an important bearing on the result of the process ..... there is a constitutional compulsion to create and keep alive the panchayats which are the institutions of the local self-governance ..... 1 shall be liable to pay costs which are assessed at rs. ..... commission had proposed to hold elections before the expiry of the term of the earlier panchayat in two phases and when was due to issue the calendar of events the government proposed to make structural changes regarding the declaration of panchayat area, population criteria etc. .....

Junjamma and ors. Vs. the Bangalore Development Authority, Rep. by Its ...

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... karnataka panchayat raj act providing sections 309 and 310 which provided for development plan and constitution of district and section 315 provides power to the grama panchayat to regulate lying out and ..... and keeping in mind the observations made by this court in these writ petitions and terms of the order in respect of anjanapura layout and see to it that the benefit conferred under this judgment is not misused, abused and ..... panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act ..... and other public places in the panchayat area not being private property and which are not in the control and management of other authorities mentioned therein shall vest in the grama panchayat and the grama panchayat may do all things necessary for the maintenance and repairs there of and make roads etc ..... , the complete plans and estimates of the cost of executing the scheme, a statement specifying the land proposed to be acquired, any representation received under sub-section(2) of section 17, a schedule showing ..... sections 4, 5 and 6 of the land acquisition act that it is not in dispute that it is open to the appropriate government to issue as many notifications as it deems fit under section 4(1) even with respect to the same localities followed by a proper notification under section 6 so that the power of the appropriate government to acquire land in any locality is not exhausted by the issue of one notification under section .....

H.C. Yatheesh Kumar and ors. Vs. the Karnataka Election Commission and ...

Court : Karnataka

Reported in : ILR2005KAR3323

..... the petitioners in all these petitions have prayed to strike down the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayats by rotation), rules 1998 (hereinafter called the 'rules 1998') as illegal, void and ultra vires to article 243d of the constitution read with section 162 of the karnataka, panchayat raj act, 1993. ..... order:-1) writ petitions are partly allowed;2) we hold the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayts by rotation) rules, 1998 as ultra vires and void;3) the impugned notifications issued by the state election commission in sofar as it relates to allotment of reserved seats to different constituencies in each taluk panchayat and zilla panchayat in the state are here quashed;4) the writ petitions insofar as it relates to quashing of notifications issued by the state election commission delimiting the taluka and zilla panchayats are hereby rejected.5) no order as to costs ..... the guidelines set-out by the state election commission in the gazette notification dated 17-3-2005 annexure-r.5 are clear, proper, just and in the interest of public. ..... the first respondent state election commission got prepared through satellite mapping a map showing the population and boundaries of every village, gram panchayat and taluks and the connecting roads, highways railway lines, etc. .....

Sri Yellappa Basvani Tashildar Vs. State of Karnataka

Court : Karnataka

Reported in : ILR2008KAR3319; 2008(6)KarLJ650; 2008(4)KCCRSN326; 2008(5)AIRKarR245; AIR2008NOC2879

..... the powers and functions of the taluk panchayat are enumerated in chapter viii of the karnataka panchayat raj act, 1993. ..... sub-clause (2) of section 145 enjoins a duty on a taluk panchayat in so far as the taluk panchayat fund at its disposal is concerned to make reasonable provision within the area under its jurisdiction in respect of the matters mentioned therein which include the construction and augmentation of water supply works, filing of half yearly report regarding the activities of grama panchayats within the taluk, providing adequate number of class rooms and maintaining primary school buildings in proper condition, providing water supply and sanitation; and acquiring ..... submitted by the executive officer of the taluka panchayat and the impugned order passed by the state government that despite the executive officer informing the adhyaksha and requesting him not to permit any discussion on the subject, the member concerned and the adhyaksha of the taluka panchayat went ahead with their design and proceeded with the discussion in order to pass a resolution which clearly showed that the petitioners were deliberately acting in the matter with such divisive designs. ..... a member of taluka panchayat is elected by the people to discharge his duties and functions and to represent those people in the matter of providing basic infrastructure to the area which he represents which include water supply, roads, drainage, health care etc. .....