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Siddappa Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(2)KarLJ224

..... the correctness of the mutation entry dated 16th september, 1998 vide annexure-a, the third respondent herein has filed the appeal on the file of the second respondent-executive officer, taluk panchayat, madhugiri taluk, tumkur district under section 269 of the karnataka panchayat raj act, 1993 and the appeal filed by third respondent had come up for consideration before the second respondent on 30th november, 2002. ..... , the second respondent has proceeded to pass the impugned order contrary to the mandatory provisions of the karnataka panchayat raj act and therefore, the impugned order passed by the authority is liable to be set aside. ..... of 1998-99 vide annexure-a by the second respondent is one without jurisdiction and contrary to the mandatory provisions of the karnataka panchayat raj act and that, the specific finding given by second respondent is in consonance with the mandatory provisions of the act. ..... the second respondent has given a specific finding at paragraph 1 item 5 of his order, stating that, the secretary of the grama panchayat was directed to look into the original records of the panchayat and he has submitted a report as per the panchahama conducted in the presence of panchas and has also produced a sketch along with the report, stating that, petitioner has put up fence with extends upto ..... is the grievance of petitioner that, the said order is passed by second respondent vide annexure-a without conducting the enquiry in strict compliance of section 269 of the act. .....

M. Vemala Nayaka and Others Vs. Smt. Raniyamma and Another

Court : Karnataka

Reported in : ILR1997KAR2449

..... shimoga zilla-panchayat has been constituted under the provisions of the karnataka panchayat raj act, 1993 (for short 'the act'). ..... scheduled castes, scheduled tribes and backward classes and those which are non-reserved, for women;provided that the offices reserved under this section shall be allotted by rotation to different zilla panchayat'.from a reading of the above said provision it is clear that under sub-section (2)(c) of section 177 of the act, not less than 1/3rd of the total number of adhyaksha and upadhyaksha in the state for each category shall be reserved for persons belonging to scheduled ..... --(1) reservation of offices of adhyaksha and upadhyaksha of zilla panchayats in the state for different categories in accordance with sub-section (2) of section 177 shall be as specified in the table below:tablesl:no.categoryadhyakshaupadhyakshatotalwomentotalwomen1.scheduledcastes42422.scheduledtribes113.backwardclasses (a)category'a'6262(b)category'b'1-1-4.unreserved8383 total:207207'the above said rules provides for reservation for women in the categories of scheduled castes, ..... further it is submitted that under section 177 of the act, the posts of adhyaksha and upadhyaksha of zilla panchayat are required to be reserved only for scheduled castes, scheduled tribes and backward classes in relation to the total population of the state and it does not provide for reservation for women and therefore the person .....

R. Prasanna Kumar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1999KAR1378; 1999(3)KarLJ295

..... in that case the division bench was considering the term of office of the adhyakshas of the zilla and talukpanchayats in terms of section 138(3) of the karnataka panchayat raj act, 1993. ..... ) and the appeals were referred to the full bench, as the judgment in m, siddappa's case, supra, and connected petitions is delivered by the division bench interpreting section 138 of the panchayat raj act which is similar to section 42(11) of the act holding that adhyaksha and upadhyaksha elected under the act will hold office for the entire period. ..... after the above judgment the panchayat raj act was amended removing that lacuna in the act.21. ..... we will now examine the rules which govern the reservation byrotation.the policy of reservation by rotation was incorporated in the municipalities act and to implement the provisions of the act, karnataka municipalities (president and vice-president) election (amendment) rules, 1995 are made amending the earlier rules by virtue of the power under section 320 of the act. ..... interpreting sections 177(3) and 138 and the provisions of the act, the court has taken the view that the term of office of every adhyaksha and upadyaksha of taluk panchayats shall save as otherwise provided under the act be 20 months from the date of the election. ..... the government has framed the karnataka municipalities (president and vice-president) election amendment rules, 1995 by virtue of the powers conferred under section 323 of the karnataka municipalities act. .....

M. Puttegowda and anr. Vs. the Assistant Commissioner, Mysore

Court : Karnataka

Reported in : 2002(1)KarLJ16

..... 1 was elected unopposed for the post of adhyaksha and appellant 2 was elected as vice-president in accordance with the provisions of the karnataka panchayat raj act, 1993 (for short, 'the act') and the rules framed thereunder. ..... writ petitions challenging the notice issued by the respondent dated 12th of july, 2001 convening the meeting of the gram panchayat for considering the vote of no-confidence for 7th of august, 2001 on the ground that the notice for convening the meeting had been issued in violation of the first proviso to section 49 of the act and rule 3 of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994 (for short, 'the rules').5. ..... the single judge, the following three contentions we-e raised:(i) that the issuance of impugned notice annexure-a was in contravention of the first proviso to section 49 of the act as respondent did not wait till the expiry of 10 days from the date of receipt of notice of the no-confidence motion submitted by the members of the gram panchayat; (ii) that the notice was not in conformity with rule 3(3) of the rules. ..... learned single judge negatived all the three contentions raised before him and held that the limit of 10 days provided under the first proviso to section 49 read with rule 3(2) of the rules is the outer limit for calling a meeting to consider the motion of no-confidence and the respondent was not required to wait till the expiry of 10 days before convening the .....

Maruti Parashram Kugaji and ors. Vs. State of Karnataka and ors.

Court : Karnataka

..... stood thus, it is shock and surprise to these petitioners, when they have received the notices vide annexures-d1 to d18 issued by the 2nd respondent without jurisdiction and he is not a competent authority to issue such notices under section 136 of the karnataka panchayat raj act, 1993. ..... when these petitioners have filed their objections raising jurisdictional point and that the notices issued under section 136 of the karnataka panchayat raj act are one without jurisdiction, the competent authority will consider the same and pass appropriate orders. ..... learned senior counsel for the petitioners vehemently submitted that, 2nd respondent herein by invoking section 136 of the panchayat raj, act, assuming the power, has issued the impugned notices dated 3-3-2006 vide annexures-d1 to d18 and the same are one without jurisdiction. ..... the first meeting of the said taluk panchayat, after general elections to the said local authority was held in the month of december 2005 had been scheduled to be held on 27th february, 2006. ..... accordingly, notice has been issued on 15-2-2006 vide annexure-a, fixing the date of newly elected members of the taluk panchayat-4th respondent. ..... the only grievance made out by the petitioners in this writ petition is that, all these petitioners are duly elected members of the 4th respondent-taluk panchayat. .....

D. Narayanappa Vs. State of Karnataka and ors.

Court : Karnataka

..... or filling up of post of 'bill collector' in such grama panchayats has been regulated in terms of the government guidelines/circulars issued from time to time earlier under the grama panchayat and mandal panchayat act and later karnataka panchayat raj act, 1993, which has replaced the earlier statutory provisions. 13. ..... there was never any possibility of appointing a person like respondent 5 for the post of 'bill collector' in terms of the government order/circular and therefore an approval of the resolution passed by the grama panchayat may be even for the third time, is definitely not proper in law when the resolution is not one appointing a person in terms of the relevant government order/circular issued for the purpose of making ..... of sri papireddy, learned counsel for respondent 5 is that the respondent 5 had been appointed as a 'bill collector'; as he had the necessary qualification of having passed sslc; that the grama panchayat has passed resolution in his favour not once but thrice; that the respondent 5 even functioned as a 'bill collector' for a month; that the present interim order has come in the way ..... of his continued working and therefore the interim order should be vacated and the respondent 5 enabled to work as a 'bill collector' particularly as the post is vacant in the panchayat; that pending determination of the appeal of the petitioner before the respondent 3 there cannot be any impediment for the respondent 5 working as a 'bill collector'. 11. .....

T. Palaksha Vs. the Assistant Commissioner, Chitradurga Sub-division a ...

Court : Karnataka

Reported in : 2004(1)KarLJ595

..... under sub-section (2) of section 13 of the karnataka panchayat raj act. ..... further, they have vehemently submitted that, in pursuance of the complaint given by the upadhyaksha and other three members of the panchayat, the 1st respondent has initiated the proceedings against the petitioner and after giving sufficient opportunity and considering the objections filed by the petitioner and by following the mandatory provisions of the karnataka panchayat raj act, the order has been passed by the 1 st respondent. ..... these documents available on record and the reports submitted by the secretary of the grama panchayat and the junior engineer attached to the zilla panchayat proves beyond reasonable doubt that the petitioner has exceeded his powers and issued the cheque and the explanation given by the petitioner in pursuance of the notice issued by the 1st respondent, do not inspires ..... the 1 st respondent, after considering the reports submitted by both the secretary of the grama panchayat and the junior engineer, after verifying the original records available on record and considering the objections filed by the petitioner, has passed the impugned order on 12-6-2003, vide annexure-b, disqualifying the petitioner ..... that the reports and the documents are concocted behind the back of the petitioner and at no point of time he has received the cheque in the name of his son nor he has received rice from the panchayat office through the secretary, and the same is liable to be rejected at threshold.6. .....

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

Court : Supreme Court of India

Reported in : AIR2003SC3095; 2003(5)ALD110(SC); JT2003(7)SC237; 2003(6)SCALE567; (2003)8SCC22; [2003]132STC360(SC)

..... 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 ..... writ petitions, government of karnataka in exercise of its power under section 3(1) of the act reads with section 21 of the mysore general clauses act, 1899, by issuing notification ..... be covered by the definition provided under section 2(a)(5) of the act, which defines 'local area' to mean:--''local area' means an area within the limits of a city under the karnataka municipal corporation act, 1976 (karnataka act 14 of 1977) a municipality under the karnataka municipality act, 1964 (karnataka act 22 of 1964) a notified area committee, a town board, a sanitary board or a cantonment board constitute or continued under any law for the time being in force and a mandal under the karnataka zila parishads, taluk panchayat samithis. ..... to clarify the situation, it can be stated that a subsequent 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 ..... the government of karnataka in exercise of its power under section 3(1) of the act brought out notification dated 30.3.1994, which came into effect on 1st april, 1994 levying tax on the entry of goods brought into a local area from any place outside the state for .....

Smt. Parvathi Vs. the Assistant Commissioner, Haveri Sub-division, Hav ...

Court : Karnataka

Reported in : ILR1997KAR3230; 1998(1)KarLJ399

..... the panchayat moved a no confidence motion against the petitioner by giving the notice to the assistant commissioner as contemplated under the karnataka panchayat raj act, 1993 (for short 'the act'). ..... rule 3 of the karnataka panchayat raj (motion of no confidence against adhyaksha and upadhyaksha) rules, 1994, provides the procedure ..... (2) the assistant commissioner shall thereafter convene a meeting for the consideration of the said 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 on which the notice under sub- ..... sub-rules' (1) and (2) of rule 3 of the rules reads thus;-- '(1) a written notice of intention to make the motion under the proviso to section 49 of the act, shall be in form i signed by not less than one third of the total number of members together with a copy of the proposed motion shall be delivered in person by any two of the members ..... from the reading of the rules with the proviso to section 49 of the act, it is clear that the persons who intend to move the no confidence, shall give at least ten ..... under the proviso to section 49 of the act, at least ten days notice is required to be given by the one-third of the totalmembers to the assistant commissioner expressing their intention to ..... proviso to section 49 of the act, reads thus: 'provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the total number of members and at least ten .....

Smt. Mahalakshmi and Another Vs. the Deputy Commissioner, Bellary Dist ...

Court : Karnataka

Reported in : ILR2000KAR3576; 2000(6)KarLJ559

..... the said panchayat has been constituted as provided under section 4 of the karnataka panchayat raj act, 1993 (hereinafter referred to as 'the act'), and it consists of karekallu i and ii, byalachintha, gollaranagenahalli, tembarahalli and dasaranagenahalli villages. ..... --for the removal of doubts it is hereby declaredthat the principle of rotation for purposes of reservation of officesunder this section shall commence from the first election to beheld after the commencement of the karnataka panchayat rajact, 1993'. ..... therefore, they submit that when the legislature has consciously made a specific provision in section 5 of the act, which provides for election to the membership of the panchayat providing that a person belonging to a reserved class, can also contest to a non-reserved seat to the membership of the panchayat, and in theabsence of similar provision under section 44 of the act, it must be held that a member of the panchayat belonging to a particular reserved category cannot contest to the office of adhyaksha or upadhyaksha if the said offices are reserved ..... (2) subject to the general or special order of the state election commission, the deputy commissioner shall reserve,-- (a) such number of offices of adhyaksha and upadhyaksha of grama panchayats in the state for the scheduled castes and scheduled tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of the offices in the state as the population of the .....