Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 245 power to write off irrecoverable amounts Page 20 of about 199 results (0.263 seconds)

M.P. Gangarangaiah and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR1871; 2002(5)KarLJ178

..... thereafter, in view of the 73rd constitutional amendment, article 243-g of the constitution has been inserted and in pursuance of it the karnataka panchayat raj act, 1993 came into force on 10-5-1993. ..... after this judgment a government order came to be issued on 6-8-1990 annulling the appointments made after 1-7-1984, but continuing the service of those who had put in service of 240 days, governed as per section 25-b of the industrial disputes act, 1947.in dharwad district pwd literate daily wages employees' association's case, supra, pursuant to the directions issued by their lordships the state prepared a scheme for regularising the services of the daily rated employees which ..... , the karnataka zilla parishads, taluk panchayat samithis, mandal panchayat and nyaya panchayat act, 1983 (act 20 of 1985) was enacted on 14-8-1985 and some departments were transferred to the zilla panchayat. ..... he also submitted that even if the supreme court judgment is not referred in the judgment, the co-ordinate bench has no power to disagree with the co-ordinate bench decision and proper course is to refer the matter to the larger bench. ..... 12610 of 1993, the learned single judge by his order dated 22-9-1998 disposed off the petitions observing that:'in my view, in the absence of sufficient material before this court to determine whether these petitioners were working continuously with any one of the respondents, it would be very difficult for this court to .....

Chhotkan Prasad and ors. Vs. Chief Secretary, Panchayati Raj and ors.

Court : Allahabad

Reported in : 2003(1)AWC353

..... government order was issued, there was no statutory provision in the panchayat raj act empowering the state government to transfer the employees. ..... was cancelled on 30th june, 1999 and a fresh government order was issued on 1st july, 1999, after necessary amendment in panchayat raj act was made by u.p. ..... panchayat raj act as amended ..... thereafter the matter was placed before the state minister (independent charge) panchayat raj, uttar pradesh for issuance of the government order who approved the same on 6th ..... also approved by thestate minister (independent charge) panchayat raj, uttar pradesh on 5th july, 2001. ..... well operators and cane supervisors, having qualification up to high school, were re-designated as gram panchayat evam vikas adhikari (karyakram) and they were to look after the work of their department only ..... employees of four other departments were also placed under the control and supervision of the gram panchayats and they were not treated as multipurpose workers but were required to do work of their ..... it was also urged that these employees cannot be sent back to their parent department and the power of transfer can be exercised only once and, therefore, the impugned action is arbitrary and discriminatory. ..... wherein the apex court reaffirming its view in gulabrao (supra), held that there was a conflict between the revenue department and urban development and urban housing department whether proceedings under section 4(1) of the act were to be dropped or not. ..... of karnataka and .....

Chikkamuniyamma Vs. The Assistant Commissioner, Bangalore South Sub-Di ...

Court : Karnataka

..... learned senior counsel points to the contents of the motion of no confidence- annexure-a to contend that the remiss mentioned therein requires an opportunity of hearing to be extended to the petitioner, regard being had to sub section 4 of section 48 of the karnataka panchayat raj act, 1993, ('the act' for short) without which, no confidence motion must fail. ..... rule 3 of the karnataka panchayat raj (motion of no-confidence against adhyaksha or upadhyaksha of grama panchayat) rules, 1994, for short rules, provides for effectuating the substantive right given to the members under section 49 of the act. ..... if the members of the grama panchayat have not initiated action against the petitioner under sub-section 4 of section 48 of the act for persistent remiss, petitioner must be more than happy that the members have not sought her removal, but on the other hand have moved a no confidence motion to quietly ask her to vacate the office, ..... there can be no dispute that section 48 of the act provides for resignation or removal of adhyaksha or upadhyaksha and sub-section 4 provides that, every adhyaksha and upadhyaksha of grama panchayat would be entitled to an opportunity of hearing before being removed from his office for persistent remiss in discharge of duties as adhyaksha or upadhyaksha. .....

Kareppa and Others Vs. Basangouda Bygawat and Another

Court : Karnataka

..... election commissioner" means the state election commissioner appointed under section 308 of the karnataka panchayat raj act, 1993.] 1 1. ..... , mandya district and others, unless such 'group representing a faction has arisen as a result of split in his political party which is defined under section 2 (vi) of the karnataka local authority (prohibition of defection) act, 1987, the mere formation of a group of not less than one third members automatically does not provide immunity to the respondents from incurring disqualification. ..... the state election commission as having spilt from bjp and therefore, they should be deemed to have voluntarily surrendered the membership of the said recognized political party-bharatiya janata party as defined under section 2 (vi) r/w section 3a(a)(i) of the karnataka local authority (prohibition of defection) act, 1987 and therefore, the said election commission has rightly held them to be disqualified under the said provision. 7. ..... janata party and therefore on a complaint filed against them by the respondent sri.basanagouda bygawat, district president of bjp, the respondent no.2-the state election commission, karnataka, bangalore has passed the impugned order on 09.03.2015 holding that all these seven petitioners were disqualified to hold the office as elected councilors to manvi taluk panchayat under the provisions of karnataka local authority (prohibition of defection) act, 1987 (hereinafter referred to as the act') as per section 3a of the said .....

Sri Kareppa Vs. Sri Basangouda Bygawat

Court : Karnataka

..... state election commissioner means the state election commissioner appointed under section 308 of the karnataka panchayat raj act, 1993.]. 1 1 ..... mandya district and others, unless such group representing a faction has arisen as a result of split in his political party which is defined under section 2 (vi) of the karnataka local authority (prohibition of defection) act, 1987, the mere formation of a group of not less than one third members automatically does not provide immunity to the respondents from incurring disqualification. ..... have voluntarily surrendered the membership of the said recognized political party- date of order:29.11.2016 in wp nos.11359-11365/2015 sri.kareppa & others vs sri.basangouda bygawat & another1429 bharatiya janata party as defined under section 2 (vi) r/w section 3a(a)(i) of the karnataka local authority (prohibition of defection) act, 1987 and therefore, the said election commission has rightly held them to be disqualified under the said provision.7 ..... of bjp, the date of order:29.11.2016 in wp nos.11359-11365/2015 sri.kareppa & others vs sri.basangouda bygawat & another429 respondent no.2-the state election commission, karnataka, bangalore has passed the impugned order on 09.03.2015 holding that all these seven petitioners were disqualified to hold the office as elected councilors to manvi taluk panchayat under the provisions of karnataka local authority (prohibition of defection) act, 1987 (hereinafter referred to as the act ) as per section 3a of the said .....

N. Guddappa Poojary Vs. Assistant Commissioner, Puttur and ors.

Court : Karnataka

Reported in : ILR1997KAR1009; 1997(2)KarLJ497

..... shastry argued that in terms of section 13(1)(c) of karnataka panchayat raj act any member who absents himself for more than three consecutive ordinary meetings of the grama panchayat without the leave of the grama panchayat or is absent from the panchayat area for more than four consecutive months; loses his membership of the panchayat. ..... having so absented themselves, argued the learned counsel, respondents 3 and 4 had lost their membership of the panchayat and could not therefore have participated in the no confidence motion proceedings held against him on 8th of december, 1995.4. ..... the petitioner from the post of adhyaksha on the basis of a no confidence motion against him is concerned, the only ground of attack urged is that two of the members of the panchayat namely respondents-3 and 4 had ceased to be members on account of their having remained absent in more than three consecutive ordinary meetings of the grama panchayat without leave of the said panchayat, as also on account of their remaining absent from the panchayat area for more than four consecutive months. mr. ..... shastry, appears to over-look the provisions contained in section 13(2) of the act, according to which, should any question arise as to whether a member is or has become subject to any disqualification under section 13(1), the assistant commissioner, may either suo motu or on a report made on him in that regard decide the same. .....

H.N. Srinivasa Babu Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1996KAR1794; 1996(3)KarLJ31

..... purporting to exercise the powers under section 47 of the karnataka panchayat raj act, 1993, appointed several officers of the government to act as administrators of several panchayats including halaganahalli grama panchayat. ..... of the parties, who have been impleaded subsequently, after the writ petition was filed, contended that the order at annexure 'a' has not been issued at all under section 8 of the act but it is only under section 47 of the act the said order has been issued, only to appoint certain officers to discharge the duties of the adhyaksha and upadhyaksha. ..... that the deputy commissioner having appointed administrator in terms of section 8 of the said act, the members of the panchayat ceased to be members thereof, and consequently when panchayat itself ceased to exist, the only course is to hold fresh elections to the panchayat.2. ..... vacancy in the office of the adhyaksha, section 47 of the act provides for upadhyaksha, and when there is no upadhyaksha, an officer appointed by the deputy commissioner shall exercise the powers and perform the duties of the adhyaksha, until ..... the nature of power exercised by the concerned authorities, we must hold that the order made under annexure 'b' is one done under section 47 of the act alone and not under section 8 of the act at all. ..... section 44 of the act requires election to the posts of adhyaksha and upadhyaksha to a grama panchayat ..... it is certainly open to the deputy commissioner to exercise his powers under section 47 of the act. .....

Widia (India) Limited and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

..... panchayat and nyaya panchayats act, 1983 (karnataka act 20 of 1985) and panchayat area under the karnataka panchayat raj act, 1993 (karnataka act 14 of 1993 ..... entry of goods in local area when the goods are brought from other areas of the state of karnataka and also when the goods have been imported from outside the state of karnataka and are meant for sale.6) entry 2-a by notification dated 9.11.1998 prescribing rate of tax at 8% from 1.4.1995 is ultra vires the power of section 3(1) of the act.7) in cases where assessments were already framed, the assessees would be free to file appeals within four ..... writ petitions, government of karnataka in exercise of its power under section 3(1) of the act read with section 21 of the mysore general clauses act, 1899, by issuing notification ..... the constitutional validity of karnataka tax on entry of goods into local areas for consumption, use or sale therein act, 1979 (hereinafter referred to as 'the act') and the notifications issued by the state government in exercise of its powers conferred by section 3 of the said act were challenged before the high court by filing writ petitions under article 226 of ..... to clarify the situation, it can be stated that a subsequently notification issued in exercise of the powers conferred under the said section may in some case amount to restriction to free trade and commerce but simplicitor addition of the words 'retrospectively or prospectively' would not require sanction of the president as contemplated under .....

Abraham and Others Vs. State of Karnataka, Department of Ministry of P ...

Court : Karnataka Gulbarga

..... section 49 of the karnataka panchayat raj act, 1993 (for short, 'the act'), requires two-third majority for the purpose of carrying no-confidence against the chairperson of the gram panchayat, such a restriction is not imposed under sections 140(3) and 179(3) of the act under similar circumstances in case of chairpersons of taluk panchayat and zilla panchayat. ..... however, as regards adhyaksha and upadhyaksha of taluk panchayats, section 140(3) of the act provides that if a resolution expressing want of confidence in him is passed by a majority of total number of elected members of the taluk panchayat at a meeting specially convened for the purpose, he shall be deemed ..... petitioners who are members of the gram panchayat cannot make any grievance with regard to the requirement spelt out in section 49 of act requiring the support of two-third of the members for passing a no-confidence motion ..... similar provision is made under section 179(3) of the act with regard to the no confidence motion moved or to be moved against the adhyaksha and upadhyaksha of zilla panchayats providing for a simple majority for passing no confidence motion and also laying down bar for a period of six months for moving another no confidence motion within six months against the ..... indeed there is another safeguard enacted in law by way of second proviso to section 49 of the act, wherein it is stated that no resolution expressing want of confidence against an adhyaksha or upadhyaksha shall be moved within one year .....

Krishna Constructions, Vijayawada Vs. The State of Andhra Pradesh, Rep ...

Court : Andhra Pradesh

..... undisputed facts are as under: on 24.02.2014, e-procurement tender notification was issued by the panchayat raj department for the work of mrl1-road from nandamur to lankapalli in ungutur mandal-package no.ap09131406 ..... in tenders when he knows that he is not qualified to compete if he does not have hot mix plant within 70 kms and more so when panchayat raj department is particular about such requirement. ..... issue of prescription of appropriate qualification by bidders is left to the concerned department to decide, having regard to the specific requirements of individual departments such as irrigation, transport, roads and buildings, social welfare, panchayat raj etc. 17. ..... unless the action of the tendering authority is found to be malicious and a misuse of its statutory powers, interference by courts is not warranted; (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive ..... state of karnataka (2012) 8 scc 216, supreme court held: 23.from the above decisions, the following principles emerge: (a) the basic requirement of article 14 is fairness in action by the state, and non-arbitrariness in essence and ..... validating 4th respondent technical bid is wholly illegal and amounts to arbitrary exercise of power. .....