Court : Karnataka
Reported in : ILR2002KAR3139; 2002(2)KarLJ421
..... one of the functions of 'grama panchayat' under section 64 of the karnataka panchayat raj act, 1993 is to regulate the erection of buildings to be constructed within its territorial jurisdiction and to ensure that the constructions are in accordance with the permission granted by it and if need be to take suitable action for any violation of the building ..... insofar as the powers of adhyaksha of a zilla panchayat is concerned, under the panchayat raj act, 1993, the powers of the adhyaksha of a 'zilla panchayat' are traceable to section 193 and section 237. ..... (4) in the event of non-compliance with the terms of any notice under clause (b) of sub-section (3) within the period specified in the notice, it shall be lawful for the grama panchayat to take such action as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the grama panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed under ..... (5) an appeal shall lie to the (executive officer) from any order or direction or notice of the grama panchayat under sub-section (1), (2) or (3) and his decision on such appeal shall be final'.thus under section 64(5) extracted above, it is only the executive officer who is the designated authority to hear the appeals against any order of grama panchayats and his decision is declared 'final', for purposes of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005CriLJ4619; ILR2005KAR5213; 2006(6)KarLJ440
..... as the executive officer of taluka panchayat is not declared as court under the karnataka panchayat raj act 1993, the court cannot deen the said authority ..... to 196 (both inclusive), 1999, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a documents produced or given to evidence in a proceeding in any court, or(iii) of any criminal conspiracy to commit, or attempt to ..... commit, or the abatement of, any offence specified in sub-clause (i) or sub-clause (ii),except on the complaint in writing of that court, or of some other court to which that court is subordinate.section 195(3) :-in clause (b) of sub-section (1), the term 'court' means a civil, revenue or criminal court, and includes a tribunal constituted by or under a central, provincial or state ..... supra, is based on the assumption that the chief executive officer of town panchayat is a court within the meaning of section 195(l)(b) of the code. ..... constituted by or under a central, provincial or state act if declared by that act to be a court for the purposes of the section.there are two tests to determine if a particular officer is a court or not, namely, the authority to take evidence on oath and the authority to .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(6)KarLJ342
..... an interesting point of law has been canvassed in this writ appeal and it concerns the interpretation of section 43-a of the karnataka panchayat raj act, 1993. ..... in the light of what he has pointed out, his submission is that since it was too late to file the election petition that the more expedient remedy would be the one prescribed under section 43-a of the act because the government is required to hold the enquiry and then pass proper orders and that consequently the directions issued by the learned single judge are perfectly justified and that no interference is competent. ..... his submission is that this is a serious case and that a person who has indulged in a fraud of this type who would otherwise have been disqualified from contesting under section 11 of the act cannot be al-lowed to continue in office and that therefore, the grievance projected by his client is real and genuine and the second submission canvassed was that this was very much in the public interest and in ..... 657 (db), wherein the division bench while interpreting some of the similar provisions under the karnataka agricultural produce marketing regulation act, 1966 recorded the finding that the scope of the section and in particular, the jurisdiction to hold an enquiry and to take action under this provision of the law is confined to situations that have arisen during the tenure of office. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ556; ILR2007(2)Kar21122007(3)KCCRSN208; 2007(4)AIRKarR137(DB)
..... 075.84 under section 222 of the karnataka panchayat raj act 1993 (hereinafter referred to as 'the act'). ..... such, the learned single judge was justified in observing that 'the way the members of the zilla panchayat have acted inspite of the directions of the government clearly shows the mala fides on the part of the said members ..... similarly the reliance placed on the alleged endorsement, again it is to be noted that this has been collusively obtained from the zilla panchayat, kolar, it is clear from the said endorsement that though the appellant wanted certified copy with regard to the property bearing survey ..... agreeing with the observations of the learned single judge, we find that the entire efforts of the appellant and the zilla panchayat was to grab the land of the zilla panchayat at throw away price without following the due process as is indicated under section 222 of the act. ..... thus, in view of clear mandate of section 222 wherein previous sanction of the government is required to be obtained by the zilla panchayat before disposing of its property and in violation of the same as was noticed in the earlier action, again, the zilla panchayat was bent upon giving land to the appellant at throw away ..... appellant taking us through the documentary evidence produced by him in the writ petition vehemently contended that as the land belonged to the mulbagal taluk development board, it is not amenable to the jurisdiction of the government under sections 227 and 225, clause (vii) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2894
..... nagarajappa, learned counsel for the petitioner submits that under section 141(2)(a) of the karnataka panchayat raj act, 1993(for short the act), the adhyaksha is required to call for the meeting on any motion signed by 1/3rd of the total number of members of the panchayat within 15 days from the date of receipt of such ..... reading of the above provision it is clear that whenever a request is made by 1/3rd of the total number of members of the panchayat the adhyaksha is required to call for the special meeting within 15 days from the receipt of such request. ..... the motion of no confidence is required to be considered by calling for special meeting sections 141(2)(a) of the act, reads as follows:-'141(2)(a): the adhyaksha may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days ..... but in the instant case, it is submitted that the executive officer of the taluk panchayat even before the expiry of 15 days has called for the meeting on 8.4.2003 and therefore any decision taken on the basis of the notice issued by the executive officer is ..... on 11.4.2003 and therefore there is no clear 7 days between the date of receipt of the notice and the date fixed for special meeting and therefore according to him the entire proceedings are illegal as it is contrary to section 141(2)(b) of the act.7. ..... notice calling for the meeting is contrary to the procedure provided for under section 141 (2)(a) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2546; 1996(5)KarLJ555
..... the claim of the petitioner has been resisted mainly on twin grounds viz;(i) that in view of the provisions of the karnataka panchayat raj act (hereinafter called that act) and article 243o of the constitution, the remedy of writ petition could not be availed as the petitioner had the alternative remedy of filing the election petition, and(ii) as no fundamental or statutory right ..... that case the apex court further held:'where the election commission issues notification fixing certain date under clause(d) of section 30 for taking poll, under section 21 of the general clauses act this power includes the power to alter the date of poll ..... section 2 of the act was amended and the definition of 'backward classes' substituted as under:'(2) 'backward classes' means such class or classes of citizens as may be classified as category 'a' and 'b' and notified by the government from time to time for the purpose of reservation of seats and offices of chairperson in zilla panchayat, taluk panchayat and grama panchayat ..... of the respondents in this petition with prayer to quash the impugned order and for issuance of direction to the respondent-1 to hold elections of adhyaksha and upadakshya of the 3rd respondent gram panchayat on the basis of the earlier notification dated 28th december 1995 (annexure-b). ..... union of india, : [1993]1scr786 has again held that right to vote or right to elect is neither a fundamental nor civil right but was a pure and simple statutory right.similarly, the supreme court .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant501
..... of the petitioner has been seriously contested by the state government by filing a detailed statement of counter contending that under section 5 of the karnataka panchayat raj act, 1993 (for short, 'act 1993') if no person belonging to scheduled caste is available the seats reserved for the said category shall also be filled up by the persons belonging to the scheduled tribes, but under section 44 of the act 1993 which relates to the election of the adhyaksha and upadhyak-sha, there is no such provision and as such it ..... and also rejection of the nomination of the petitioner to the post of adhyaksha under annexure-e, dated 25-3-2000; for issuance of a writ of mandamus directing respondents 1 and 2 to reserve the post of adhyaksha of 3rd respondent grama panchayat in favour of sc women by rotation by following the order of the election commissioner dated 16-2-2000 as per annexure-h and as provided under article 243-d(4) of the constitution of india and to hold election for the said post ..... --(1) the grama panchayat shall consist of such number of elected members as may be notified from time to time by the (state election commission), at the rate of one member for every four hundred population or part thereof of the panchayat area: provided that the determination of the number as aforesaid shall not affect the then composition of the grama panchayat until the expiry of the term of office of the ..... or special order of the (state election commission), the deputy commissioner shall reserve. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(3)KarLJ99
..... petitioners submits, as the said meeting notice issued is contrary to section 141(2)(a) of the karnataka panchayat raj act, 1993, it is illegal and liable to be quashed.4. ..... the very fact that the majority of members are against the petitioners and if only a meeting had called for, the resolution would have been passed and in terms of section 143 of the act shall be deemed to have vacated her office forthwith, by virtue of the intervention of this court passing stay orders and finally allowing the writ petition, the petitioners have survived a no ..... , the adhyaksha of taluk panchayat to receive any petition/representation that may be presented to her by 1/3rd of the total number of members of the taluk panchayat and act upon the same as contemplated under section 141 of the act'.it is in pursuance of the said direction issued by this court, the petitioners ..... in fact, section 140(3) of the act categorically states even adhyaksha and upadhyaksha of the taluk panchayat should be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of total elected members of the taluk panchayat at a meeting ..... in order to appreciate the legal contentions urged on behalf of the petitioners, it is necessary to have a look at section 141(2)(a) of the act, in particular the latter portion which deals with calling a special meeting which reads as under:'the adhyaksha may, whenever he thinks fit, and shall, upon the written request of not .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2595; 1995(4)KarLJ510
..... is directed against an order made by the munsiff at hubli in an election petition arising under section 15 of the karnataka panchayat raj act, 1993 in relation to an election to the gramapanchayat. ..... counsel for the petitioner contended that a perusal of the provisions of the karnataka panchayat raj act in so far as sections 15, 16, 17, 18 and 19 are concerned they are akin to the provisions available in the representation of the people act 1951. ..... for withdrawal of the petition and therefore the question of following the procedure prescribed under sections 109 or 110 of the representation of people act would not arise and further when the provisions of the act prescribes a time limit within which an election petition can be filed and imposes very severe restrictions and also conditions thereto as to the manner of filing of the petition, unless those conditions are complied with ..... who is not a party to the proceedings can become a party to the proceedings as provided under section 17(3) of the act if he complies with the conditions thereto. ..... are not complied with, election petition is liable to be dismissed under section 17 of the act without notice to the other side. ..... an election petition affects the entire constitutency and therefore affects public interest and hence provisions of order 1 rule 8 would be attracted to such a case although no specific provision has been made under the act as has been made under the representation of the people act under sections 109 and 110(3)(c). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2835; 1994(4)KarLJ680
..... order dated 7-6-1994 passed by the learned munsiff, mulbagal dismissing the election petition under section 17 of the karnataka panchayat raj act, 1993 (for short 'the act') for non-compliance with sub-section (3) of section 15 of the act. ..... read with section 50(1) karnataka rent control act, 1961 when a district judge has made an order in his revisional jurisdiction under section 50(2) of the act this very question had come up for consideration before a full bench of the karnataka high court in the ..... , 1978) where referring to the very provision, this court observed :-'the petitioner contends that the order of the high court is without jurisdiction because under section 50 karnataka rent control act, 1961, a revision does not lie to the high court. ..... whether the district judge can be equated with a district court, the high court, following its own earlier decisions, has held so.we agree that in the scheme of karnataka rent control act, the district judge and the district court are interchangeable expressions and nothing turns on the mere fact that the section uses the expression 'district judge'. ..... petition and in order to make him responsible, it is necessary that he shall verify the pleadings and attest the copies of the petition as true copies of the petition as prescribed by sub-section (3) of section 15 of the act and for non-compliance with the said provision, the munsiff shall dismiss the election petition and therefore this revision petition is liable to be rejected.7. .....
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