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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 7 of about 100 results (0.409 seconds)

Jul 08 1998 (HC)

C. Ramappa Vs. B. Bolegouda and Others

Court : Karnataka

Reported in : ILR1998KAR4019; 1998(6)KarLJ576

..... in the instant case we are concerned with section 44 of the karnataka panchayat raj act, 1993, the act called, the karnataka act 14 of 1993. ..... this act replaces the earlier act called the karnataka zilla parishads, taluk panchayat saraithies, mandal panchayats and nyaya panchayats act, 1983 (karnataka act 20 of 1985) and introduced by the state legislature to give effect to article 243 of the constitution of india introduced by 73rd amendment.chapters iii to v of the karnataka panchayat raj act, 1993 deal with the constitution of the grama panchayat, power and duties of staff of grama panchayats. ..... pet (prescribed judicial officer under section 45(2) of the karnataka panchayat raj act, 1993) challenging the election of the petitioner as adhyaksha of bookinakere panchayat. ..... see rule 2 of the karnataka panchayat raj (backward classes) rules, 1993 and the government order no. ..... to be disposed of on merits on 28-5-1997.the learned judge upholding the arguments on behalf of the petitioner that the deputy commissioner was not the authority to consider the correctness of the certificate in view of the provisions contained in the karnataka scheduled castes and scheduled tribes and other backward classes (reservation of appointment, etc. ..... in the circumstances of the case, i direct each parties to bear their own costs. ..... 249/- by way of cost. .....

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Feb 09 2012 (HC)

K.G.Bopaiah. Vs. S.N.Raja Rao and ors.

Court : Karnataka

..... the work order dated 16.12.2010 is in contravention of section 197(3) of the karnataka panchayat raj act, 1993. 26. ..... accused no.3 being the chiel executive officer of kodagu zilla panchayat, has cairied out instructions given by kodagu zilla panchayat members in terms of section 197 of the karnataka panchayat raj act. ..... section 195 of the karnataka panchayat raj act. ..... at this juncture, it is necessary to refer to section 195 of the karnataka panchayat raj act. ..... desilting of reshme haddlu tank and repair of lower bank, thithimathi gram panchayat, virajpet taluk lower bank and repair of lower bank rs.29,98,000.00 2. ..... accused no.3 having entrusted the work to accused no.4 has failed to supervise the work to ascertain that cost of work executed was anywhere nearer to the amount of rs.59 lakhs, which had been released in favour of accused no.4. 28. ..... the reasons for accused no.4 for getting the report of cost of work executed from m/s.vikas consultancy services. ..... they have fabricated documents to shew that they have spent a sum of rs.40 lakhs for execution of work, whereas actual cost of executed work does not exceed rs.20.000/-. v. ..... accused no.3 had not ensured estimated cost of work entrusted to accused no.4. .....

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Jul 09 2002 (HC)

S.N. Manjunath and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR3978; 2002(4)KarLJ520

..... petitioners in this petition is that, the meeting conducted by the third respondent, prescribed officer, in which the sixth respondent was unanimously elected lacked the quorum required for such a meeting as prescribed under section 53(1) of the karnataka panchayat raj act, 1993 ('the act' for short). ..... issue at para 8 of its order, the court held:'the election of the members of the zilla panchayat are held under the karnataka panchayat raj act, 1993. ..... for respondents 1 to 3, raised a preliminary objection that the writ petition te not maintainable as any dispute relating to the validity of the election of adhyaksha or upadhyaksha of grama panchayat under the karnataka panchayat raj act, 1993 shall be decided by the prescribed judicial officer having jurisdiction over the panchayat area or the major portion of the panchayat area, whose decision therein shall be final. ..... ramanjaneyulu and ors, : (1998)8scc703 the apex court was seized of an order of the andhra pradesh high court passed under the andhra pradesh panchayat raj act, 1994 to the effect that a writ petition was maintainable against an order directing repoll made during the ..... if the election of the sixth respondent is as a result of non-compliance of section 53 of the act, in terms of section 45(2) of the act, the only proper remedy for the aggrieved party would be to call in question the result of such non-compliance in an election ..... of adhyaksha and upadhyaksha on the establishment of grama panchayat, etc.--(1).. ... .....

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May 31 1999 (HC)

Lakshmappa Kallappa Balaganur and Another Vs. State of Karnataka and O ...

Court : Karnataka

Reported in : AIR2000Kant61; ILR1999KAR2655; 1999(4)KarLJ603

..... the substantial question that would arise for consideration in these petitions is with regard to the constitutional validity of sub-section (2) of section 159 and sub-section (3) of section 179 of the karnataka panchayat raj act, 1993, insofar as they do not permit the non-elected members of zilla panchayat to participate and vote in the meeting convened for the purpose of considering the 'no confidence motion' moved against the adhyaksha and upadhyaksha of the panchayat.3. ..... 14 of 1993) known as karnataka panchayat raj act, 1993 (hereinafter referred to as 'the act'), which came into force with effect from 10th of may, 1993. ..... no doubt, as pointed out by sri nagarajappa, in view of entry 5 of last ii of the seventh schedule to the constitution, the state legislature has the legislative competency to pass the panchayat raj act and also pass the impugned provisions. ..... (3) notwithstanding anything contained in this section or sections 160, 161 and 162 but subject to any general or special orders of the government, where two-thirds of the total number of members of any zilla panchayat required to be elected, have been elected, the zilla panchayat shall be deemed to have been duly constituted under this act'. ..... hence, all these petitions are heard together and disposed of by this common order.2. .....

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Nov 25 2010 (HC)

Sri G. Sangappa, S/O Late Neelakanthappa and State of Karnataka and or ...

Court : Karnataka

..... ) and (3) of the karnataka panchayat raj act, 1993 ('the said act' for short). ..... nextly, he brings to my notice rule 3 of the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayats by rotation) rules, 1998 ('the said rules' for short)."3. ..... w.p.no.36337/2010 and vv.p.nos.36548-36549/2010 are clubbed, heard together and are being disposed of by this common order, as the subject matter of both the petitions is the grievance over reserving the anagodu constituency in davanagere zilla panchayat for scheduled tribe-woman [st(w)3.2. ..... the said arrangement is not in keeping with the rotational principle enshrined in the proviso to section 162(3) of the said act.27. ..... he submits that the higher court's granting of the stay is only for the operation of an order and not for the interpretation of the statutory provision as such. ..... no order as to costs. ..... the division bench passed the order giving acceptability to the similar submissions. ..... the supreme court has granted the leave and has stayed the division bench's order.16. ..... he brings to my notice the division bench order of this court in the case of h.c. ..... the perusal of the meaning of the term 'rotation' from the above-referred neutral sources reveals that it is a process where a regular cycle of events in a set order or a sequence takes place. ..... 2) a regular cycie of events in a set order or sequence.23. ..... for vacating the interim order of stay.17. .....

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Feb 25 2004 (HC)

Siddanagouda Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2004(4)KarLJ73

..... purpose of disposal of the case on hand, i shall refer to section 49 of the karnataka panchayat raj act, 1993 (in short, 'the act') and rule 3 of the karnataka panchayat raj (motion of no- confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 (in short, 'the rules'). ..... representation or requisition submitted to the respondent 2 is not in accordance with rule 3(1) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994. ..... --(a) by delivering or tendering the said notice to such member; or(b) if such member is not found, by leaving such notice at his last known place of residence or business within the grama panchayat or by giving or tendering the same to some adult member or servant of his family; or(c) by registered posts; or(d) if none of the means aforesaid be available, by affixing such notice on some conspicuous part of the house, if any, in which the member is ..... 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, a notice of not ..... no costs.the learned high court government pleader is permitted to file memo of appearance within .....

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Aug 27 2003 (HC)

G.P. Srinivas Vs. K. Halappa and ors.

Court : Karnataka

Reported in : 2003(6)KarLJ347

..... 'backward classes' is defined under section 2(2) of the karnataka panchayat raj act, 1993 as: ''backward classes' means such class or classes of citizens as may be classified as categories 'a' and 'b' and notified by the government from time to time for the purposes of reservation of seats and offices of chairperson in zilla panchayat, taluk panchayat and gram panchayat'. ..... necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset, it will remain as effective for its ostensible purpose as the most impeccable of orders' '.in the light the decision supra it cannot be disputed that the withdrawing of the caste certificate by the caste verification committee is an order made in the due course of law and as far as i could see no brand of invalidity is visible in it and it could be resisted in law effectively only by obtaining a decision ..... conclusion would have far-reaching consequences this court has no other option other than to declare the election void as without a proper certification by the competent authority the contestant does not derive the eligibility to contest the election. ..... election miscellaneous petitions, some of the contestants also got initiated proceedings for cancellation of the caste certificates issued by the tahsildars, before the deputy commissioner, caste verification committee under the provisions of karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc. .....

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Jul 11 2002 (HC)

Vasanthakumar Shetty Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2002KAR3717; 2003(3)KarLJ102

..... the petitions the petitioners have challenged the constitutional validity of section 12(j) of the karnataka panchayat raj act, 1993 (for short, 'the act'). ..... --a person shall be disqualified for being chosen and for being a member of a grama panchayat- '(j) if he does not have a sanitary latrine for the use of the members of his family: provided that in the case of a person who is a member on the date of commencement of the karnataka panchayat raj (third amendment) act, 1997, he shall incur disqualification under this clause if he fails to provide such a sanitary latrine within six months from such ..... of the enactment is to establish three tier panchayat raj system in the state with elected bodies at the grama, taluka and district levels, in keeping with the constitutional amendments relating to panchayats for greater participation of the people and more effective implementation of rural development programmes.6. ..... the reasons stated above, writpetitions are allowed.sections 12(j), 128(j) and 167(j) of the act 1993 as amended by act 29 of 1997 are declared as unconstitutional and accordingly the provisions are struck down.rule ..... the amendment; is to establish a three tier panchayat raj system in the state with elected bodies at the grama, taluka and district levels, in keeping with the constitution amendment relating to panchayats for greater participation of the people and more effective implementation of rural development programmes and to function as units of local self-government. .....

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Mar 20 1997 (HC)

M/S. Falma Laboratories Pvt. Ltd., Bangalore Vs. State of Karnataka an ...

Court : Karnataka

..... mandal panchayats and nyaya panchayats act, 1983 and panchayat area under karnataka panchayat raj act, 1993.5. ..... it means an area within the limits of city under the corporation act, 1976, a municipality, under municipalities act, a notified area committee, a town, sanitary and cantonment board, mandal under 1983 act and a panchayat area under panchayat raj act, 1993. ..... jain, : (1981)illj402sc was pleased to observe as under (para 2) :'in order to be a 'local authority' within the meaning of section 3(31) of the general clauses act, an authority should possess most, if not all, of the distinctive attributes and characteristics of a municipal committee. ..... i have adopted this reasoning, keeping in view the well established principles, that every law must be reasonably interpreted and no interpretation should be made which tends to defeat the very purpose of the law. ..... and other fees, costs, deposits and charges received by the board under the act. ..... lastly, in so far as the factual aspects of the matter is concerned, these can be properly agitated before the prescribed authorities under the act. ..... it is not entrusted with the performance of civil duties as are usually entrusted to municipal bodies such as health, education, planning, development, welfare etc. .....

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Jun 12 2008 (HC)

Sri Yamanappa Satyappa Bandiwadar S/O Satyappa Bandiwaddar, Vs. Aminga ...

Court : Karnataka

Reported in : 2009(1)KarLJ247; ILR2008(3)Kar3854

..... made by the legislature of the state, in the instant case by filing an application under section 19 of the karnataka panchayat raj act, 1993 nevertheless the second respondent having usurped the membership of the gram panchayat reserved for bcm 'b' category by using a false caste certificate, which came to light after an enquiry and cancellation by order dated 23/02/2005 annexure-'a' of the tahsildar, the election dispute under section 19 of the panchayat raj act, 1993, cannot be said to be an effective alternative remedy to the constitutional remedy of quo warranto, ..... section 5 of the karnataka panchayat raj act 1993 provides for constitution of gram panchayat and empowers the state election commission to reserve seats for sc and st and persons belonging to backward class falling under category 'a' and ..... armed with the order dated 22/03/2005 annexure 'a' of the tahsildar and alleging that the second respondent masquerading as a person belonging to bcm 'b' category got elected from the ward reserved for the said category constituting a violation of the karnataka panchayat raj act, 1993 and also a fraud on the constitution, have invoiced ..... who does hot belong to a particular backward class for which the elective office is reserved, and masquerades as a parson belonging to said category and gets elected to the reserved office, it cannot but be said that such an act not only constitutes violation of statutory provisions of the panchayat raj act but also a fraud on the constitution.13. .....

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