Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 251 transmission of accounts Page 1 of about 515 results (0.162 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 up for disposal by this common judgment.2 ..... . in terms of the said constitutional amendment, the karnataka panchayat raj act, 1993 (act no.14 of 1993) has been amended from time to time, the last of which being by way of the karnataka act no.44 of 2015, as a result whereof, the enactment has been re-named as the karnataka gram swaraj and panchayat raj act, 1993 , (hereafter also referred to as the act of 1993 ) ..... . for the operation and working of section 49, the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 (hereafter referred to as the rules of 1994 ) have been promulgated, their latest amendment being under the notification dated 21.08.2018, as issued during the pendency of these appeals ..... . w.a.nos.844/2018 & 853/2018 & connected matters 137 union of india: (2016) 7 scc221 sub-section (2) of section 49 of the act of 1993, to the extent it authorises the stigmatic removal of adhyaksha and upadhyaksha of grama panchayats per se on unsubstantiated allegations, is arbitrary and is violative of article 21 of the constitution of india .....

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

Court : Karnataka

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

..... 11,577/- 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. ..... 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 ..... as per the 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 .....

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. ..... state of karnataka & others 173/177 the democratic functioning of the institution as well as to ensure the transparency and accountability in the functions performed by the elected representatives .24. ..... state of karnataka & others 125/177 meeting proceedings w.p.no.gram panchayat date of election total members meeting in favour meeting against ab- sent oh0702- 2018 31-01- 2018 24-01- 2018 20-01- 2018 22-01- 2018 03-02- 2018 03-02- 2018 31-01- 2018 19-01- 2018 06-02- 2018 03-02- 2018 06-02- 2018 01-02- 2018 01-02- 2018 06-02- 2018 05-02- 2018 01-01- 2018 01-02- 2018 17 17 15 251 17 21 21 18 15 23 11 13 08 17 0- 15 15 12 16 13 11 18 12 17 17 13 12 23 09 09 06 13 06 11 11 11 01 04 01 01 05 04 04 05 03 00 02 00 02 03 03 04 04 01 00 0 03 02 00 00 00 00 00 00 00 04 00 01 00 00 00 00 22 21 01 00 - - - - - - - - - - - - - - - - - - - sl. .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... 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 ..... 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, ..... deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of not less than two-thirds of the total number of members of the grama panchayat at a meeting specially convened for the purpose in accordance with the procedure as may be prescribed:provided that no such resolution shall be moved unless notice of the resolution is signed by not less ..... section 49 of the act provides for the motion of no-confidence against adhyaksha or upadhyaksha of a grama panchayat ..... section 49 of the act and .....

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;

..... 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 ..... 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. ..... 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 ..... be 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; (ii) in the ..... the implementation of development schemes; sound finance of the panchayats for securing authorisation from state legislatures for grants-in-aid to the panchayat from the consolidated fund of the state, as also assignment to, or appropriation by, the panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a finance commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of panchayats; auditing of accounts of the panchayats; powers of state legislatures to make provisions with ..... respect to elections to panchayats under the superintendence, direction and control of the .....

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

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... . it states that 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 ..... . 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 location of streets.28 ..... . the panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act, 1983 ..... . these materials on record clearly disclose the application of the mind by the authority as well as by the government before according sanction under section 18(3) of the act which is in conformity with the statutory provision and, therefore, the contention that the scheme is vitiated on account of non-application of mind has no substance.42. re ..... . it is in that context it was held that the impugned notifications are vitiated on account of being vague and for non-compliance with the mandatory requirements of that law.15 ..... similarly there is no prohibition in law for acquiring garden land, nursery and built up area and therefore the acquisition is not vitiated on that account. .....

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. ..... in order to achieve this object of 73rd amendment of the constitution the government of karnataka legislated the karnataka panchayat raj act, 1993 (for short 'act of 1993') providing a three tyre system i.e. ..... the government of karnataka translated into reality the constitutional obligation embodied in article 243-d by enacting section 162 of the karnataka panchayat raj act. ..... whether the karnataka panchayat raj (reservation of seats in taluka panchayats and zilla panchayats by rotation), rules, 1998 are ultra-virus to section 162 of the parent act of 1993 and article 243-d of the constitution of india?3. ..... there are certain seeking to quantify the extent of correlation between the amount of fee 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 be an obiter.by applying the law laid down .....

Sri Yellappa Basvani Tashildar Vs. State of Karnataka

Court : Karnataka

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

..... powers and functions of the taluk panchayat are enumerated in chapter viii of the karnataka panchayat raj act, 1993. ..... within the ambit of the powers and functions of the taluka panchayat and is in fact outside the scope of section 141(2) of the act therefore, the state government was right and justified in holding that the petitioners had worked against the interest of the panchayat and also of the state while raising the issue which was not the concern of the taluka panchayat and which had the tendency to vitiate the atmosphere for ..... adhyaksha or upadhyaksha by the government for misconduct in the discharge of his duties, for being persistently remiss in the discharge of his duties and an adhyaksha or upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as adhyaksha or upadhyaksha during the remaining term of office as member of such taluk panchayat.sub-clause (5) states that,-an adhyaksha or upadhyaksha removed from his office under sub ..... as regards the contention of the learned counsel for the petitioners that proceedings initiated under section 136 of the act against the adhyaksha of the taluka panchayat was illegal, it has to be stated that the adhyaksha of the taluka panchayat is also a member of the taluka panchayat and if he has committed misconduct in his capacity as such and even if the impugned order does not refer to section 140 under which the adhyaksha is to be removed, that will not vitiate the impugned .....