Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 245 power to write off irrecoverable amounts Page 1 of about 199 results (0.330 seconds)

Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... . these intra-court appeals, essentially involving similar questions relating to the provisions 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 ..... argue that the process, as adopted by the learned single judge, is practically of reading the words in the statute or omitting the words therefrom, which practically amount to legislation, but in our view, these submissions do not merit acceptance because if any other interpretation is taken on the scheme of section 49 of the act, it would practically lead to the result as if a motion of no-confidence can never be moved except when half of the members choose to level ..... this court, the provisions of sub-section (2) of section 49 of the act does not completely eclipse, supersede or override the entire provisions of sub-section (1) of section 49, but the non-obstante clause intends restrictions of moratorium period of 30 months and two years respectively in second and third proviso to section 49(1) of to be harmoniously read as an adjunct and further proviso to section 49(1) of the act to meet with the specific contingencies of misuse or abuse of power or authority, misappropriation of funds ..... so far w.a.nos.844/2018 & 853/2018 & connected matters 97 28/2/2018, which was disposed off along with connected writ petition nos.1935-36/2018 and connected cases and kindly allow the writ petition .....

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

Court : Karnataka

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

..... /- in his name from the grama panchayat towards certain developmental work in the village executed through a contractor, proceedings were initiated against the petitioner under section 43-a of the karnataka panchayat raj act, 1993. ..... 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 ..... perusal of the impugned order annexure-f discloses that the statement of the petitioner was recorded wherein he has stated that as the secretary of the grama panchayat informed him to encash the cheque and remit the amount to the contractor he encashed the cheque and paid the amount to the contractor. ..... termed as vitiated as the 1st respondent has proceeded on the basis of the materials on record and the admitted version of the petitioner that he had received the cheque executed in his name and had encashed the amount. ..... stated that after encashing the cheque he paid the amount of rs. ..... contended that one tukaram daku lamani r/o petlur camp had carried out the contract work in the village and was to be paid the amount of rs. .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... 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 ..... general on behalf of the state government is that the section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act for short) inserted by act no.44 of 2015 with effect from 31/12/2015 is to provide a safeguard to the elected adhyaksha/upadhyaksha of gram panchayats so that no resolution for no confidence for such adhyaksha/ upadhyaksha can be moved even by the minimum requisite number of half of the total members of gram panchayats except on specific allegations of misuse or abuse of powers or corruption etc. ..... petition is filed under articles 226 & 227 of the constitution of india praying to declare that sub-section (2) of section 49 of the karnataka gram swaraj and panchayat raj act, 1993, as inserted to the statute under amendment act no.44/2015, is unconstitutional and also violative of article 14 of the constitution of india & etc. ..... (1) the adhyaksha of the grama panchayat may resign his office by writing under his hand addressed to the assistant commissioner and the upadhyaksha of the grama panchayat may resign his office by writing under his hand addressed to the adhyaksha and in .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... sri hadimani, learned counsel for 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 rule 3 of the rules. ..... to every member including the adhyaksha and upadhyaksha:-(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 known ..... learned counsel submits that non-furnishing a copy of the application that had been submitted by the members moving the no-confidence motion, amounts to violation of rule 3 of the rules and as such the proceedings are vitiated. ..... a notice of no-confidence motion moved by the members is required to be given to the assistant commissioner in writing and as in form i along with a copy of the proposed motion. .....

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)

..... 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. ..... 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. ..... rules called as karnataka panchayat raj rules 1994 have ..... 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 ..... only shows that it is a letter to be addressed to the assistant commissioner intimating him that the members give notice of their intention to move adhyaksha or upadhyaksha of the gram panchayat as the case may be, to be removed from that office for want of confidence of majority of members.9. ..... we have perused rule 3(1) read with section 49 of the act and the decision of the learned single judge in mallamma .....

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

Court : Karnataka

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

..... 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 'kammanahalli village' in its jurisdiction, the chief executive officer had no power or jurisdiction over the ..... 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. ..... 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 his power.5. ..... placed by the learned counsel for the respondents on clause (h) that the very same authorities under the provisions of the panchayat raj act shall be entitled to dispose of the appeals runs counter to the intention expressed under clause (h) of section 500 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; ..... the process of elections by issuing the ordinance; that respondents have failed to perform the constitutional duty and obligations cast upon them by adopting the strategy of promulgating an ordinance to amend certain provisions of the karnataka panchayat raj act, thereby to delay the elections which if held as mandated by the constitution would not be in the interest of the ruling party in power; that respondent 1 cannot be permitted to flout the constitutional mandate to achieve its political end. 3. in w.p. no. ..... structural changes and after the structural changes are made the government would write to the commission about holding of elections to new bodies, commission decided to hold poll in two phaseson 24th february, 1999 and 27th february, 1999 commencing the poll from 3rd february, 1999 as time required under rule 12 of the kar nataka panchayat raj (conduct of election) rules, 1993, is 21 days from the date of issue of election notification by ..... under article 245 subject to the provisions of the constitution the parliament may make laws for the whole or any part of the territory of india and the state legislature for whole or any part of the state .....

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 ..... every municipal council shall prepare every year a development plan and submit the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1983 or as the case may be the metropolitan planning committee constituted under section 503e of the karnataka municipal corporation act, 1976 ..... panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj ..... . if the government proposes to acquire a converted land probably they have to pay a higher amount of compensation than what they have to pay to agricultural lands taking into consideration the potential user of the land and the improvements which the owner of the land has made ..... . all that section 170 states is notwithstanding anything to the contrary in any law for the time being in force no person shall form or attempt to form any extension or layout for the purpose of constructing buildings there on or make any new private street without the express sanction in writing of the municipal council and expect in accordance with such conditions as the ..... . in fact when the authority was called upon state in writing under what circumstances the said extent is given up and the particulars thereof they have filed a statement giving .....

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

Court : Karnataka

Reported in : ILR2005KAR3323

..... 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. ..... the unguided power given to the deputy commissioner and the state government under sub-rule (3) and (4) of rule 3 of the rules 1998 is arbitrary and opposed to section 162 of the parent act, 1993 and article ..... adopt, enact and give to ourselves this constitution'.under chapter iv of our constitution the directive principles of state policy, article 40 emphasises that the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-governance. ..... collected and the cost of rendition of service, namely (scc p.435, para 23): 'at least a good and substantial portion of the amount collected on account of fees, may be in the neighbourhood of two-thirds or three-fourths, must be shown with reasonable certainly as being spent for rendering services in the market to the payer of fee', appears to ..... -rule (3) and (4) of rule 3 of the rules 1998, the deputy commissioner in the case of taluk panchayats and the government in the case of zilla panchayats are given power to allot the seats reserved for backward classes and women respectively by taking into consideration such factors as may deem .....

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. ..... it has to be stated that the karnataka panchayat raj (business) rules, 1999, cannot by any stretch of imagination be interpreted to confer power on the adhyaksha to bring before the taluka panchayat a matter pertaining to the border dispute, particularly for the purpose of passing a resolution to transfer a portion of the territory of the state of karnataka to the neighbouring state of maharashtra. ..... if the adhyaksha uses his discretion under the karnataka panchayat raj (business) rules, 1999, to bring such a matter thinking that it is necessary to be placed before the panchayat for discussion, then the discretion exercised will be alien to his powers which will be opposed to the very purpose for which the taluka panchayat is established viz. ..... : [1989]2scr204 to contend that freedom of speech under article 19(1)(a) means the right to express one-'s opinion by words of mouth, writing, printing, picture or in any other manner, and this fundamental right can be reasonably restricted only for the purpose mentioned in article 19(2). ..... 12062/2006 only under section 140(4) of the act.dealing with the allegation made charging the petitioners with misconduct, learned counsel has contended that the actions of the petitioners in expressing their views, feelings and emotions will not amount to misconduct. .....