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Gulabi Poojarthi Vs. Shobha

Court : Karnataka

Reported in : ILR1995KAR2961; 1995(3)KarLJ514

..... 4/1994 filed under sections 15 and 20 of the karnataka panchayat raj act, 1993, setting aside the election of the revision petitioner and declaring the respondent as duly elected.3. ..... election officer : ilr1994kar2835 that the decision of the munsiff in an election petition is revisable by this court under section 115 cp.c.2. .....

Gurushantha Pattedar Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR2000KAR2388; 2000(4)KarLJ433

..... section 171 of the karnataka panchayat raj act provides that sections 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 apply mutatis mutandis in respect of election to zilla panchayat. ..... petitioner is holding an office of profit on the basis that the mill in which he was working was a subsidiary of ntc and that ntc was a central government public undertaking and therefore the petitioner was disqualified under section 167(1)(g) of the karnataka panchayat raj act (hereinafter referred to as the act). ..... by the said show-cause notice, the petitioner was called upon to show cause as to why he should not be disqualified under the karnataka panchayat raj act (hereinafter referred to as the 'act') for holding an office of profit. ..... the karnataka panchayat raj act makes a reference to a person holding any office of profit under any authority subject to the control of the central government. ..... the court examined the provisions of the gujarat panchayats act, 1961 and held that the panchayat service constituted under section 203 of the gujarat panchayats act is a civil service of the state and the members of the service are government servants. ..... section 19(1)(a) having stated the law it may be necessary to refer to two judgments of the supreme court:--(i) inderjit barua and others v election commission of india and others . .....

Abdul Razak Vs. the Assistant Commissioner, Davanagere Sub-division an ...

Court : Karnataka

Reported in : 2005(1)KarLJ230

..... is a provision made for effectuating the substantive right given to members under section 49 of the karnataka panchayat raj act, 1993. ..... sri manjunath, learned counsel for the petitioner is that the notice is in violation of requirements of sub-rule (1) of rule 3 of the karnataka pancheyat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994. ..... section 49 of the act is not one giving any right in favour of a person holding the office of the 'adhyaksha', but for conferring rights in favour of the members of the panchayat to remove the ..... section 49 is a provision where under every 'adhyaksha' or upadhyaksha' of a gram panchayat shall be forthwith 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 members of the gram panchayat at a meeting specially convened for the purpose in accordance with the procedure as may ..... can complain of non-compliance of the requirements of rule 3 of the rules and thereby seek for invalidation of the notice can only be a member in whose favour a right has been given under section 49 of the act and not any other person. ..... the right given under section 49 of the act is to the members who have such a right to have the 'adhyaksha' removed if not less than two-thirds of the members have expressed their lack of confidence in the ..... of the provisions of rule 3 of the rules cannot be independent of the provisions of section 49 of the act. .....

Lakkappa Vs. the Deputy Commissioner, Bangalore Rural District, Bangal ...

Court : Karnataka

Reported in : ILR2001KAR5665; 2001(6)KarLJ96

..... learned counsel for the petitioner submits that even though the petitioner has got alternative remedy under section 19 of the karnataka panchayat raj act, the petitioner has approached this court as the returning officer should not have entertained the application for recounting after signing form 31. ..... the controversy revolves round the interpretation of rule 71 ofthe karnataka panchayat raj (conduct of election) rules, 1993 and the same is extracted hereunder.-'71. ..... even otherwise also, since rule nisi has been issued in this case, the matter has been entertained on merits in view of the law laid down by the apex court in the case of miss raj soni v air officer in charge, administration, which decision has been followed by the division bench of this court in the case of b.t. ..... elections to the 3rd respondent-motagondanahalli gram panchayat was held on 6-8-2000 and after counting, the returning officer recorded in form 31 the number of votes secured by each candidate as per annexure-a. ..... for consideration is whether having regard to the efflux of time during the pendency of the writ proceedings, it is just and expedient in the circumstances to drive the appellant to seek the alleged alternative remedy available to him under section 70 of the act. ..... krishnegowda v karnataka state co-operative apex batik limited and others , at para 5 which relevant portion is extracted as hereunder:'5 ..... petitioner is declared as elected from basavenahalli constituency to 3rd respondent-gram panchayat.11. .....

B. Javarayagouda S/O Beregouda Vs. the State of Karnataka

Court : Karnataka

Reported in : ILR1997KAR1153

..... constitutional validity of sub-section 3 of section 3 and subsection 3 of section 5 of the karnataka panchayat raj (second amendment) act, 1996, (hereinafter called the 'amendment act') is the subject matter of controversy ..... an amendment to karnataka panchayat raj act by limiting the term of office of chairpersons of zilla panchayat and taluk panchayat by reducing the term is to provide an opportunity for three types of different reserved categories to hold offices within the term of panchayat i.e. ..... that security of tenure to the offices held by the petitioners is one of the basic structures of the panchayat raj act which is embodiment of the constitutional amendment and cannot be taken by introducing the amendment restricting continuity of office ..... persuaded even to come to a tentative contusion that the amendment act would in any way create uncertainty or would lead to weaken or in any way adversely affect the continuity of the panchayat raj institutions. ..... to be resulting in uncertainty in the institution of panchayat raj and instead of strengthening such institution, would result ..... not be achieved by any other method except by having a resort to restrict the term of office of the chair persons and providing opportunity to all, for the purposes of establishment of the panchayat raj with an object to give it certainty, continuity and strength.15. ..... 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 ..... 1993 .....

Bangalore International Airport Vs. The State of Karnatak Department o ...

Court : Karnataka

..... public sector undertaking like the bangalore international airport limited (bial) has to approach high court article 226 of the constitution of india under writ jurisdiction against zilla panchayat and anneswara gram panchayat on the issue of payability property tax under the provisions of karnataka panchayat raj act, 1993, section 199 read with schedule iv thereto. 3. ..... india, praying to direct the r-2 and 3 not demand property tax from the petitioner till the disposal of the appeal and direct the r-2 to consider and dispose of the appeal filed by the petitioner under section 201 of the karnataka panchayat raj act 1993 expeditiously, within a period of one month or any period this honorable court deems fit in the facts and circumstances of the case and etc. ..... one assessee-bial, being a public sector undertaking was also kept out of tax net for some initial years and tax liability in respect of the property tax under the provisions of the karnataka panchayat raj act, 1993, is said to have commenced only with effect from the year 2010-2011. ..... is far in excess of the maximum scheduled rate of re.1 only for 100 sq.m of land vide item-2 of schedule iv of the karnataka panchayat raj act, 1993. ..... writ petitions raising the demand of property tax against the petitioner-assessee-bial are quashed and set aside; (ii) the assessment powers for assessing the property tax under the provisions of karnataka panchayath raj act 1993 are directed to be exercised only by sole assessing authority, viz. .....

Chickamuniswamy Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR2963; 1994(4)KarLJ662

..... under section 4 of the karnataka panchayath raj act has specified inorahosahalli as the headquarters of the panchayat and the area comprising of the villages namely, buadabele honnenahalli, madivala, guttahalli, gandhinagara, kanibele, doddaankandanahalli, yaluvahalli, karamangala, tyaranahalli, kashipura, inorahosahalli, ombattuguli and goravanahalli and also the common order dated 7-9-1993 passed ..... person and entitled to the relief or not, suffices it to say petitioner would have so entitled for filing the revision in view of the scheme of the revisional provision of the act as per chapter iii of the karnataka panchayatraj act, 1993 and more specifically section 4 and sub-sections 1, 2 and 3 which reads as under:'4. ..... declare any area comprising a village or group of villages having a population of not less than five thousand and not more than seven thousand to be a panchayat area, may, after previous publication, declare such area as a panchayat area for the purposes of this act and also specify its headquarter; provided that the government may order that an area with a population of not less than two thousand five hundred may be so ..... legislation has provided that if any person is aggrieved by the notification issued either under sub-section (1) or (3) either declaring an area to be an area within a panchayat or excluding it from panchayat area, for declaring headquarters of the panchayat at a specified place and one feeling aggrieved thereby can file the revision against the .....

Guru Vs. Chief Executive Officer

Court : Karnataka

Reported in : ILR1995KAR1655

..... contention of sri gangadharappa, learned counsel for the petitioners that under sections 158, 222 and section 223 of the karnataka panchayath raj act, 1993, the zilla panchayat has no power to deal with the land in question. ..... sri somayaji, learned counsel for the respondents contend that by virtue of the government order dated 1.4.1987, ongoing schemes to zilla parishads under section 182 of the karnataka zilia parishads act, 1983 were transferred to zilla parishads and therefore the construction of the hostel for the parametric and post-metric backward class students has been undertaken, as the ..... to refer to section 184(1) of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983. ..... the learned counsel for the petitioners based on section 158 of the panchayath raj act has no substance. ..... he further contends that under section 184(3) of the zilla parishad act, the first respondent has ample power to issue ..... 86 dated 1.4.1987 transferred on-going schemes to zilla parishads under section 182 of the zilla parishads act, 1983. ..... under sub-section (3), with effect from the date of entrustment to the zilla parishad, the powers and functions of the government relating to any matter, all assets and liabilities appertaining to such matter shall stand transferred ..... in the impugned order that the deputy director of public instructions, tumkur was requested to grant sites for construction of hostel buildings as per letter dated 17.7.1993 and the a.e.o. .....

Smt. Rekha Parashuram Kattimani W/O Sri. Parashuram Kattimani Vs. Stat ...

Court : Karnataka

Reported in : ILR2009KAR3656

..... the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this subsection shall commence from the first ordinary election to be held after the commencement of the karnataka panchayat raj act, 1993 ..... 2009 has filed an application under order 6 rule 17 of cpc dated 14-05-2009 to amend the prayer column in the memorandum of writ petition for an additional prayer to declare as unconstitutional the karnataka panchayat raj (reservation to the post of adyaksha & upadyaksha of zilla panchayat) rules 2005, for short rules', as beyond the purview of rule making power of the state under section 311 of the act. ..... rule 3 of the karnataka panchayat raj (reservation of offices of adhyaksha and upadhyaksha of zilla panchayath) rules, 1995 provides for reservation to the offices of adyaksha & upadyaksha of zilla panchayat in accordance with sub-section (2) of section 177 as follows ..... . : 1994 supp (1) scc 324 considering reservation of 12 seats for bhutia-lepcha origin in the state legislative assembly of sikkim, and the enabling provision in article 371f(f) of the constitution providing reservation for one section to the exclusion of the other sections, a departure from article 332(2) and article 170(2) relating to unanimity in the ratio to each constituency and number of seats allotted in the state on the basis of tone man one vote' principle of representation, ..... the secretary, karnataka state election commission, bangalore and .....

Smt. T.J. Manjamma W/O S. Yoga and ors. Etc. Etc. Vs. State of Karnata ...

Court : Karnataka

Reported in : ILR2008KAR2282; 2008(5)KarLJ392; 2008(2)KCCRSN118; 2008(3)AIRKarR409

..... karnataka also fell in line with this constitutional provisions by enacting the karnataka panchayat raj act, 1993 [for short, the act] and in terms of section 318 of the act, repealed the earlier act ..... karnataka panchayat raj act was the transfer of functions mentioned in schedule-i to the act in favour of gram panchayats as enabled under section 58 of the act, functions enumerated in schedule-ii to the act in favour of the taluk panchayats as enabled under section 145 of the act and the functions enumerated in schedule-iii to the act in favour of the zilla panchayats as enabled under section 184 of the act ..... the selection of anganwadi workers to these additional centres was on and the functioning of the mlas as chairpersons of such selection committees did cause heartburn to other representatives of the panchayat raj institutions, it has also given cause to a large number of dissatisfied applicants for the post of anganwadi workers, who have approached this court complaining that the selections by the committees ..... in the year 1993 onwards by the constitution (73rd amendment) act, 1992 and that the state governments were required to usher in suitable legislation, the state of karnataka had given vent to such object even much earlier by the enactment of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 [karnataka act no 20 of ..... karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act .....