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Lakshmamma Vs. The State of Karnataka

Court : Karnataka

..... . 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.2 ..... 126 (c) the rules of 1994 having been promulgated long before the 2015 amendment, are applicable only to the motions under sub-section (1) of section 49; sub-rule (7) of rule 3 prohibits any debate on the motion of no-confidence; the motions under sub- section (2) by their very nature need to be debated and therefore, even the august 2018 amendment to these rules does not make sub-section (2) workable; even otherwise also, the text of the said amendment is not happily worded ..... . it is relevant to note that the legislative process during the period between 1993 and 2015 providing for the removal of adhyaksha and upadhyaksha of grama panchayats, shows a progressive control over this right of the elected members so as to provide a balance as regards the tenure to an elected adhyaksha or upadhyaksha without being under constant threat of facing motions of no-confidence vis- -vis the rights of elected members of the panchayat to remove an adhyaksha or upadhyaksha in the reasonable and prescribed manner, if the .....

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

Court : Karnataka

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

..... 11,577/- in 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. ..... the petitioner has 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. ..... the competent authority namely the secretary, department of rural development and panchayat raj has considered the reply submitted by the petitioner and after holding an enquiry into the allegations made has passed the impugned order recording a finding that the allegations made against the petitioner stood ..... as per the 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 .....

Smt. Manjula Vs. State of Karnataka

Court : Karnataka

..... against the petitioners as required under section 49(2) of the karnataka gram swaraj and panchayat raj act, 1993 ( act of 1993 for short) and since the said non obstante provisions of section 49(2) of the act of 1993 covers all cases of no confidence motions against adhyakshas/ upadhyakshas of the gram panchayats, such motions cannot be moved without containing any specific allegation of misuse or abuse of powers or of corruption etc. ..... to hold the post as may be certified by the district surgeon; (b) as a result of insolvency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat, and in the case of an adhyaksha or upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or (iv) if the member, by coercion or fraud entice any voter or member of gram panchayat or taluk panchayat or zilla panchayat as the case may be to trade date of judgment 28-02-2018 w.p.nos.1935-1936/2018 & connected matters smt. ..... therefore, without any allegation at all, after first 30 months, the one half members of the grama panchayat can very well move a motion for expressing their no confidence against the elected adhyaksha/upadhyaksha and such a liberty given to these members is not prohibited by the insertion of section 49(2) of the act.23. .....

Kariya Bommagouda Vs. the Assistant Commissioner and ors.

Court : Karnataka

Reported in : 2004(6)KarLJ307

..... 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) rules, 1994. ..... procedure to be followed is prescribed by the karnataka panchayat raj (motion of no-confidence against adhyaksha and upadhyaksha of gram panchayat) rules, 1994, and the manner of issue ..... member including the 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 ..... 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 may be prescribed:provided that no such resolution shall be moved unless notice of the resolution is signed by not ..... the assistant commissioner shall read to the members of the grama panchayat, the motion for the consideration of which the meeting has been convened and shall put it to vote without any debate.8. .....

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. ..... 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 and rules. ..... rules called as karnataka panchayat raj rules 1994 have ..... 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-rule ..... 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. ..... 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;

..... 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 ..... by virtue of section 500(a) of the kmc act, the panchayat shall cease to have jurisdiction over such area and any order made under the provisions of the karnataka panchayat raj act immediately before the said date in respect of the said local area shall continue to be in force and shall be deemed to have been made under the provisions of the kmc act, until it is superseded or modified as per the provisions of the kmc act. ..... 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 ..... 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

..... --in 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 ..... state of karnataka enacted karnataka panchayat raj act, 1993 (for short, 'the act') in order to incorporate and give effect to the provisions of part ix of the ..... ordinance) amending the karnataka panchayat raj act 1993. in w.p. no ..... 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 the ruling party in power; that respondent 1 cannot be permitted to flout the constitutional mandate to achieve its ..... without going into motives or intentions with which it was introduced we are of the opinion that such ordinances or amendments to the act have to be ignored so that the mandate of the constitution to hold the elections before the expiry of five years of the existing panchayat or within six months of the dissolution of the panchayat ..... be rejected on the face of it being without any substance. ..... tainted with legal mala fides is without force. .....

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

Court : Karnataka

Reported in : ILR2005KAR608; 2004(7)KarLJ677

..... it states that every municipal council shall prepare every year a development plan and submit the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1983 or as the case may be the metropolitan planning committee constituted under section 503e of the karnataka municipal corporation act, 1976 ..... . it is also stated that in a circular issued by the rural development and panchayat raj secretariat regarding green belt area revising the green belt area in the comprehensive development plan of bangalore, on 20.8.1984, instructions were issued to stop issue of licences for building activities in the green belt area without prior approval of the bda, thereafter, a comprehensive development plan of bangalore is finalised and the green belt area has since been revised as per the list annexed to ..... . countering this argument, the learned counsel for the authority submits that in law there is no prohibition for issue of two notifications under section 17(1) of the act and for issue of one final notification under section 19(1) of the act, as a notification under section 17(1) is issued after drawing up a developmental scheme which is only in the nature of a proposal and on consideration of such proposal and the objections filed by the owners of the land, the authority as well as the government has to make up ..... the panchayat raj act of 1993 replaced the karnataka zilla parishat, taluk panchayat samithis, mandal panchayats under the panchayat raj act, .....

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. ..... without considering the reservation of seats in the year 1995 and only by taking into consideration the reservation made in the previous term of 2000, the present allotment of seats reserved for different categories in the impugned notification ..... (4) without interrupting, obstructing or delaying the progress of the election proceedings, judicial intervention is available if assistance of the court has been sought for merely to correct or smoothen the progress of the election proceedings, to remove the obstacles therein, or to ..... it will be trained and prepared to perish in the attempt to defend itself against any on slough from without. .....

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. ..... it was also urged by the petitioners that under rule 3(m) of the karnataka panchayat raj (business) rules, 1999, any matter which, in the opinion of the adhyaksha is necessary to be brought to the notice of the panchayat, could be brought before the taluka panchayat and permission could be given to discuss the same in the discretion of the adhyaksha.6. ..... as regards the contention of the learned counsel for the petitioners that proceedings initiated under section 136 of the act against the adhyaksha of the taluka panchayat was illegal, it has to be stated that the adhyaksha of the taluka panchayat is also a member of the taluka panchayat and if he has committed misconduct in his capacity as such and even if the impugned order does not refer to section 140 under which the adhyaksha is to be removed, that will not vitiate the impugned order. ..... the state government has taken stern action to firmly deal with the divisive acts which throw a potential danger to our society where the need of the hour is to foster unity and cohesion even amidst linguistic division and other diversities.30. ..... it states that the taluk panchayat shall have power to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this act. .....