Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 280 penalty for acquisition by officer or servant of interest in contract Page 1 of about 89 results (0.103 seconds)

Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... 1. 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 ..... ., advocate) and1 the state of karnataka by its secretary department of panchayat raj & rural development vikasa soudha bengaluru-560001 the assistant commissioner tiptur sub division , tiptur tumakuru district-572131 the taluk panchayat turuvekere taluk turuvekere tumakuru district by its executive officer-572131 2.3.4 ..... ., advocate) and1 the state of karnataka department of panchayat raj and rural development represented by its secretary vidhana soudha, bengaluru-560 001 the senior assistant commissioner sagar sub division sagar, shivamogga district-577301 the melina besige grama panchayat melina besige hosanagara taluk shivamogga district-577426 represented by its development officer. 2.3. .. ..... constitution. the legislature has enacted these principles in section 49 for the removal of the incumbents of these offices and the same is in the larger public interest, to which the personal interest ..... yield. therefore, the injury to the personal interest, if any, of the incumbents of these offices cannot be a ground for invalidating the statutory provisions in question .....

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

Court : Karnataka

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

..... 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. ..... 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. ..... 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 of goods and services to the grama panchayat;).4. ..... in the instant case, upon the report submitted by the chief executive officer of the zilla panchayat and on the basis of the materials available on record particularly the undisputed fact that the ..... the said proceedings were initiated on a report submitted by the chief executive officer of the zilla panchayat informing the incident involving the petitioner and requesting the government to take appropriate action .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... santosh kumar killedar, nodal officer for r3) this writ petition is filed under articles 226 & 227 of the constitution of india praying to declare that sub-section (2) of section 49 of the karnataka gram swaraj and panchayat raj act, 1993, as inserted to the statute under amendment act no.44 of 2015, dated 31-12-2015 therein sub-section (2) of section 49 was inserted. ..... basavaraj poojar s, advocate for c/r9) this writ petition is filed under articles 226 & 227 of the constitution of india praying to issue an appropriate writ, order or direction in the nature of certiorari setting aside the meeting notice issued by the 1st respondent on 03- 02-2018 bearing no.clncr/36/2017-18 issued in form-ii under rule 3(2) of the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of grama panchayat) rules, 1994 as per annexure-a in the interest of justice and equity & etc. ..... state of karnataka & others 103/177 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 member is known to have last resided or carried on business within the grama panchayat. .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... counsel for the petitioner submits 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) ..... 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, if any, in which the member is known ..... (2) the assistant commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the grama panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under ..... motion is carried by a majority of not less than two-thirds of the total number of members of the grama panchayat, the adhyaksha or upadhyaksha, as the case may be, shall forthwith cease to function as such and the assistant commissioner shall, as soon as may be, notify such cessation on the notice board of the office of the grama panchayat and also inform the adhyaksha or upadhyaksha, as the case may be, regarding such cessation, if he is not .....

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. ..... for the 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 ..... rules called as karnataka panchayat raj rules 1994 have ..... 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. ..... as 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- ..... 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;

..... aggrieved by 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 included ' ..... that as a consequence of the issue of notification-annexure-c as per the provisions of section 4(4) of the karnataka municipal corporations act, 1976 (hereinafter referred to as the 'kmc act') read with section 500(a), (c), (g) and (h) of the act for such a local area included in the larger urban area, the provisions of kmc act shall apply from the date of its inclusion. ..... 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 rightly exercised ..... sought to 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

..... 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 first proviso, for the words 'not less than two thousand five hundred' the words 'not less than six thousand' shall be substituted; (iii) in the second proviso, for ..... event for holding the elections to the panchayats and respondent 1 has attempted to delay the process of elections by issuing the ordinance; that respondents have failed to perform the constitutional duty and obligations cast upon them by adopting the strategy of promulgating an ordinance to amend certain provisions of the karnataka panchayat raj act, thereby to delay the elections which if held as mandated by the constitution would not be in the interest of ..... any, and to the offices of chairpersons of such panchayats at such levels; reservation of seats for the scheduled castes and scheduled tribes in proportion to their population for membership of panchayats and office of chairpersons in panchayats at each level; reservations of not less than one-third of the seats for women; fixing tenure of 5 years for panchayats and holding elections within a period of 6 months in the event of supersession of any panchayat; disqualification for membership of panchayats; devolution by the state .....

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

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... . 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 ..... it was also made clear that any person interested in the land may prefer his/her objections within 30 days from the date of publication of the notification to the additional land acquisition officer, bangalore development authority bangalore. ..... . the panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act, 1983 ..... it further said that contracts for the disposal of the said lands by sale, mortgage, assignment exchange or otherwise or any outlay or improvements made therein without sanction of the deputy commissioner (land acquisition), bangalore development authority, bangalore, after the date of publication of the notification shall under section 24 of the land acquisition act, 1894, be disregarded by the officer assessing compensation for such parts of the said lands as may be finally acquired. ..... . when a notification is issued under section 4(1) of the land acquisition act under section 4(2) any officer either generally or specially authorized by such government in that behalf and his servants and workmen can take up the preliminary work as mentioned in the sub-section (2) of section 4 .....

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. ..... 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 by the apex court in sreenivasa general traders case, we hold that the observation of this court in channigappa's case with ..... 'supreme court of india in general officer commanding in-chief and anr. v. dr. ..... the guidelines set-out by the state election commission in the gazette notification dated 17-3-2005 annexure-r.5 are clear, proper, just and in the interest of public. .....

Sri Yellappa Basvani Tashildar Vs. State of Karnataka

Court : Karnataka

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

..... the powers and functions of the taluk panchayat are enumerated in chapter viii of the karnataka panchayat raj act, 1993. ..... if necessary after obtaining a report from the zilla panchayat and considering the same) be removable from his office as 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 ..... 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 the smooth functioning and the development of the .....