Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 267 finance commission Page 7 of about 4,452 results (0.179 seconds)

C. Ramappa Vs. B. Bolegouda and Others

Court : Karnataka

Reported in : ILR1998KAR4019; 1998(6)KarLJ576

..... section 44 of the karnataka panchayat raj act, 1993, the act called, the karnataka act 14 of 1993 ..... section 45(2) of the karnataka panchayat raj act, 1993) challenging the election of the petitioner as adhyaksha of bookinakere panchayat ..... act replaces the earlier act called the karnataka zilla parishads, taluk panchayat saraithies, mandal panchayats and nyaya panchayats act, 1983 (karnataka act 20 of 1985) and introduced by the state legislature to give effect to article 243 of the constitution of india introduced by 73rd amendment.chapters iii to v of the karnataka panchayat raj act, 1993 deal with the constitution of the grama panchayat, power and duties of staff of grama panchayats ..... to form 5 of the karnataka panchayat raj (conduct of election) rules, 1993 and submitted that the petitioner having not declared that he belonged to backward classes in the said form while contesting the panchayat election in december 1993, could not have contested the election held on 18-3-1994 for the office of adhyaksha reserved for backward classes.the scheme of the act and the rules 1993 do not require a person ..... general but contested the office of the adhyaksha claiming to be the person belonging to backward classes on the strength of the certificate issued by the tahsildar.sub-section (2) of section 2 of the panchayat raj act defines 'backward classes' and according to the definition such of those persons classified as category 'a' and 'b' and notified by the government from time to time would .....

K.G.Bopaiah. Vs. S.N.Raja Rao and ors.

Court : Karnataka

..... the work order dated 16.12.2010 is in contravention of section 197(3) of the karnataka panchayat raj act, 1993. 26. ..... accused no.3 being the chiel executive officer of kodagu zilla panchayat, has cairied out instructions given by kodagu zilla panchayat members in terms of section 197 of the karnataka panchayat raj act. ..... section 195 of the karnataka panchayat raj act. ..... at this juncture, it is necessary to refer to section 195 of the karnataka panchayat raj act. ..... the other contention of the learned attorney general is that in taking cognizance under the p.c.act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. ..... the order of transfer of work from engineering division of zilla panchayat to kodagu district nirmithi kendra was pursuant to government order no.ske 88 pv7 2010 dated 24.04.2010 made by order and tn the name of governor of karnataka by the secretary to the department of social welfare, government of karnataka. ..... scheduled tribe development department, would reveal that accused no.2 had directed the liaison officer to withdraw the work from the engineering division of zilla panchayat and entrust the work to kodagu district nirmithi kendra, even before administrative and financial approval was sanctioned by the department of social welfare, government of karnataka. .....

S.N. Manjunath and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR3978; 2002(4)KarLJ520

..... grievance of the petitioners in this petition is that, the meeting conducted by the third respondent, prescribed officer, in which the sixth respondent was unanimously elected lacked the quorum required for such a meeting as prescribed under section 53(1) of the karnataka panchayat raj act, 1993 ('the act' for short). ..... suman hegde appearing for respondents 1 to 3, raised a preliminary objection that the writ petition te not maintainable as any dispute relating to the validity of the election of adhyaksha or upadhyaksha of grama panchayat under the karnataka panchayat raj act, 1993 shall be decided by the prescribed judicial officer having jurisdiction over the panchayat area or the major portion of the panchayat area, whose decision therein shall be final. ..... dealing with the issue at para 8 of its order, the court held:'the election of the members of the zilla panchayat are held under the karnataka panchayat raj act, 1993. ..... (emphasis supplied)the karnataka panchayat raj (grama panchayat adhyaksha and upadhyaksha election) rules, 1995 ('the rules' for short) have also been framed under the act governing matters relating to the election of adhyaksha and upadhyaksha ..... ramanjaneyulu and ors, : (1998)8scc703 the apex court was seized of an order of the andhra pradesh high court passed under the andhra pradesh panchayat raj act, 1994 to the effect that a writ petition was maintainable against an order directing repoll made during the process of election. ..... election commission of india and ors .....

Lakshmappa Kallappa Balaganur and Another Vs. State of Karnataka and O ...

Court : Karnataka

Reported in : AIR2000Kant61; ILR1999KAR2655; 1999(4)KarLJ603

..... the substantial question that would arise for consideration in these petitions is with regard to the constitutional validity of sub-section (2) of section 159 and sub-section (3) of section 179 of the karnataka panchayat raj act, 1993, insofar as they do not permit the non-elected members of zilla panchayat to participate and vote in the meeting convened for the purpose of considering the 'no confidence motion' moved against the adhyaksha and upadhyaksha of the panchayat.3. ..... 14 of 1993) known as karnataka panchayat raj act, 1993 (hereinafter referred to as 'the act'), which came into force with effect from 10th of may, 1993. ..... no doubt, as pointed out by sri nagarajappa, in view of entry 5 of last ii of the seventh schedule to the constitution, the state legislature has the legislative competency to pass the panchayat raj act and also pass the impugned provisions. ..... that since clause (4) of article 243c of the constitution mandates that every chairperson of a panchayat and other members of a panchayat whether or not chosen by direct election from territorial constituencies in the panchayat area shall have the right to vote in the meetings of the panchayat, sub-section (2) of section 159 and sub-section (3) of section 179 of the act to the extent they take away the rights of non-elected members of the panchayat from participating and voting in the meeting convened for the purpose of considering .....

Sri G. Sangappa, S/O Late Neelakanthappa and State of Karnataka and or ...

Court : Karnataka

..... and (3) of the karnataka panchayat raj act, 1993 ('the said act' for short). ..... propose to decide these cases by confining only to the provisions contained in section 162 of the panchayat raj act. ..... number of seats which shall, as nearly as may be one third of the total number of seats in a zilla panchayat shall be reserved by the state election commission for persons belonging to the backward classes.provided that out of the seats reserved under this sub-section, eighty per cenf; of the total number of such seats shall be reserved by the state election commission for the persons falling under category 'a' and the remaining twenty per cent of the seats ..... to the scheduled castes, scheduled tribes and backward classes and those of the non-reserved seats in the zilla panchayat shall be reserved by the state election commission for women:provided that the seats reserved under sub-sections (1), (2) and (3) shall be allotted by rotation to different constituencies in the district:provided further that nothing contained in this section shall be deemed to prevent the persons belonging to the scheduled castes or scheduled tribes or backward classes or women ..... the karnataka election commission and others reported in ilr 2005 kar 3323, in which case the same arguments, which are now advanced by sri ravivarma kumar were ..... he submits that while fixing the category in 2005, the state election commission has ensured that there is no repetition of the category, which had the benefit of reservation in .....

Siddanagouda Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2004(4)KarLJ73

..... of disposal of the case on hand, i shall refer to section 49 of the karnataka panchayat raj act, 1993 (in short, 'the act') and rule 3 of the karnataka panchayat raj (motion of no- confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 (in short, 'the rules'). ..... or requisition submitted to the respondent 2 is not in accordance with rule 3(1) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994. ..... --(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 ..... section 49 of the act dealing with motion of no confidence against adhyaksha or upadhyaksha of grama panchayat says that they shall forthwith be 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 ..... framed by the government in exercise of the powers conferred under section 49 read with section 311 of the act to carry out the purpose of the act. .....

G.P. Srinivas Vs. K. Halappa and ors.

Court : Karnataka

Reported in : 2003(6)KarLJ347

..... the term 'backward classes' is defined under section 2(2) of the karnataka panchayat raj act, 1993 as: ''backward classes' means such class or classes of citizens as may be classified as categories 'a' and 'b' and notified by the government from time to time for the purposes of reservation of seats and offices of chairperson in zilla panchayat, taluk panchayat and gram panchayat'. ..... reservations were made for certain classes under the provisions of the karnataka panchayat raj act (for short 'the act') by notification issued in that regard on 13-1-1995 under section 2(2) of the act specifying the castes/communities coming under backward class a/b groups. ..... in the absence of any other relevant rules, the certificates so issued by the tahsildar is also valid for the purpose of elections conducted under the karnataka panchayat raj act'. ..... the karnataka panchayat raj (conduct of election) rules, 1993 does not prescribe the authority who is competent to issue the caste certificate. ..... when the attention of government advocate was drawn to this omission in the provisions of the act in naming the competent authority and he was directed to ascertain from the government as to whether any notification was issued validating the certificate issued by the tahsildar under act 7 of 1991 for purposes of the present act, he filed the affidavit of the director (pr) and election officer, deputy secretary to government department of rural development and panchayat raj. .....

Vasanthakumar Shetty Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2002KAR3717; 2003(3)KarLJ102

..... in some of the petitions the petitioners have challenged the constitutional validity of section 12(j) of the karnataka panchayat raj act, 1993 (for short, 'the act'). ..... karnataka panchayat raj act, has been enacted by the state of karnataka in view of the constitutional mandate under the constitution 73rd amendment act, 1992. ..... --a person shall be disqualified for being chosen and for being a member of a grama panchayat- '(j) if he does not have a sanitary latrine for the use of the members of his family: provided that in the case of a person who is a member on the date of commencement of the karnataka panchayat raj (third amendment) act, 1997, he shall incur disqualification under this clause if he fails to provide such a sanitary latrine within six months from such date, or'. ..... for the reasons stated above, writpetitions are allowed.sections 12(j), 128(j) and 167(j) of the act 1993 as amended by act 29 of 1997 are declared as unconstitutional and accordingly the provisions are struck down.rule made absolute. ..... -'(1) to provide for disqualifying such members of the panchayat institutions who are directly or indirectly involved in the execution of works and supply of goods and services to the panchayats and who have not provided sanitary latrines for the use of members of their family'.in view of this the state has incorporated section 12(j) by an amendment under karnataka act 29 of 1997. .....

M/S. Falma Laboratories Pvt. Ltd., Bangalore Vs. State of Karnataka an ...

Court : Karnataka

..... mandal panchayats and nyaya panchayats act, 1983 and panchayat area under karnataka panchayat raj act, 1993.5. ..... since kiadb industrial area is not covered under the definition of 'local area' under section 2(5) of the act, the petitioners are not exigible to tax under the charging provisions, alternatively they assert that since the petitioners' industrial unit is situate in kiadb land, which is not a notified local area and also since it has not been converted into panchayat area, the petitioners' industrial units are not exigible for payment of tax under ..... section 24 of the karnataka general clauses act provides that where any state act is repealed and re-enacted with or without modifications, the notifications issued under the repealed state act, are to continue in force and be deemed to have been issued under the provisions re-enacted. ..... jain, : (1981)illj402sc was pleased to observe as under (para 2) :'in order to be a 'local authority' within the meaning of section 3(31) of the general clauses act, an authority should possess most, if not all, of the distinctive attributes and characteristics of a municipal committee. ..... 2 of 1992 which came into effect from 1-5-1992, having lapsed by efflux of time, the notification issued pursuant to amended charging section to effectuate the charge with respect to items mentioned under the first schedule to the act also gets lapsed and therefore becomes inoperative since there is no saving clause under the ordinance.14. .....

Sri Yamanappa Satyappa Bandiwadar S/O Satyappa Bandiwaddar, Vs. Aminga ...

Court : Karnataka

Reported in : 2009(1)KarLJ247; ILR2008(3)Kar3854

..... section 5 of the karnataka panchayat raj act 1993 provides for constitution of gram panchayat and empowers the state election commission to reserve seats for sc and st and persons belonging to backward class falling under category 'a' and 'b'. ..... calling in question any elect ion to the municipality except by an election petition as prescribed under law made by the legislature of the state, in the instant case by filing an application under section 19 of the karnataka panchayat raj act, 1993 nevertheless the second respondent having usurped the membership of the gram panchayat reserved for bcm 'b' category by using a false caste certificate, which came to light after an enquiry and cancellation by order dated 23/02/2005 annexure-'a' of the tahsildar, the election dispute under ..... order dated 22/03/2005 annexure 'a' of the tahsildar and alleging that the second respondent masquerading as a person belonging to bcm 'b' category got elected from the ward reserved for the said category constituting a violation of the karnataka panchayat raj act, 1993 and also a fraud on the constitution, have invoiced the writ jurisdiction.5. ..... who does hot belong to a particular backward class for which the elective office is reserved, and masquerades as a parson belonging to said category and gets elected to the reserved office, it cannot but be said that such an act not only constitutes violation of statutory provisions of the panchayat raj act but also a fraud on the constitution.13. .....