Court : Kerala
..... section 248 of kerala panchayat raj act, 1994, is clear on the point that the protection thereunder is available to the president, vice- president, chairman of standing committee or any member of a panchayat or the secretary or other employee of the panchayat if he 'is' accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his ..... out that section 248 of kerala panchayat raj act, 1994 is corresponding to section 548 of municipality act, 1994. ..... to hold the office no sanction for prosecution is necessary under section 248 of kerala panchayat raj act, 1994. ..... " section 248 of kerala panchayat raj act reads thus: "when the president, vice-president, chairman of a standing committee or any member of a panchayat or the secretary or other employee of the panchayat who is not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous ..... it is also held that no sanction under section 248 of kerala panchayat raj act was required to prosecute the 2nd accused, since he was not in office on the date when the cognizance was ..... (iii) whether the accused, by abusing their official position or by corrupt or illegal means obtained pecuniary advantage of rs.57,500/- either for themselves or for any other person as alleged by .....
Tag this Judgment!Court : Kerala
..... the issue raised in the writ petition was that the complaint filed by the appellant before the lok ayukta was not maintainable and it is barred by sec.271 o of the kerala panchayat raj act, 1994 (hereinafter referred to as 'the act 1994'). ..... it is submitted that no complaint against public servant coming within the meaning of sec.271 o of the act 1994 can be entertained by the kerala lok ayukta after the constitution of act 12 of 2001, by which, amendments were made in the act 1994 by adding the chapter xxvb with the heading 'ombudsman for local self government institutions'. ..... is vide enough and it shall be useful to reproduce the definition of 'public servant' as contained under sec.2(o) of the act 1999, which is to the following effect :- 'public servant' means a person who is or was at any time,- (i) the chief minister; (ii) a minister; (iii) a member of the legislative assembly of the state of kerala; (iv) a government servant; (v) the chairman and the vice-chairman (by whatever name called) or a member of a local authority in the state or a statutory body or corporation established by or under any .....
Tag this Judgment!Court : Kerala
..... in view of the provisions under section 162(4a) of the kerala panchayat raj act, 1994 (for short the act) and rule 5(2) of the kerala panchayat raj (standing committee) rules, 2000(for short the rules) the members to be elected to each standing committee shall be elected under the ..... directing the 3rd respondent to receive nomination as directed in ext.p4 is ultra vires to the powers of the 2nd respondent and violative of the statutory provisions contained in the kerala panchayat raj act and rules framed thereunder; illegal, void and unenforceable; (ii) declare that since within the time limit prescribed for receipt of nomination there were only 3 candidates for election to ..... extend the time or date fixed for receipt of nominations when once a notice has been issued by the returning officer under rule 4(1) in terms of rule 4(4), of the kerala panchayat raj (standing committee) rules, 2000 and whether anyone other than the returning officer, designated/nominated by the state election commission in respect of election to the standing committees to a particular local ..... standing committee on health and education, they entitled to be declared as elected as unopposed candidates; (iii) issue a writ of certiorari or any other writ, order or direction quashing ext.p4 to the extend it direct the returning officer to accept the nomination till the meeting for election is held .....
Tag this Judgment!Court : Kerala
..... this appeal is as to whether the sentencing of the respondent in a criminal case (of which exts.a2 and a3 are the judgments of the trial court and the appellate court) amounts to disqualification under section 34(1)(b)(i) of the kerala panchayat raj act, 1994, hereinafter referred to as the "act". ..... directed to communicate the judgment to the state election commission and the nedumkandom block panchayat and other officials as required under the provisions of the kerala panchayat raj act and kerala panchayat raj (conduct of election) rules immediately. ..... adverting to the preamble to the kerala panchayat raj act, it can be seen that the avowed object sought to be achieved by that enactment is to secure a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and district panchayats and endowing such panchayats with such powers and authority to enable them to function as institutions of ..... the impugned order is set aside and op(election).no.37 of 2010 of the court of the district judge, thodupuzha is allowed setting aside the election of the respondent from ward no.vi of parathodu constituency of b56 of nedumkandom block panchayat held on 25.10.2010 and declared on 27.10.2010 on the ground that he was disqualified from being chosen as and for being a member of that panchayat on ground under section 34(1)(b)(i) of the kerala panchayat raj act. ..... chapter ii of the act provides for grama sabha in a village or .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT113(SN)(C.No.115); 2012(3)KLJ512; 2012(3)ILR(Ker)950
..... any authority to reject or allow the application for leave other than for casual leave and no authority to interfere with the disbursement of salary in terms of rule 34(3) of the accounts rules and sub-section (2)(a)(iii) of section 213 of the kerala panchayat raj act, 1994 the first respondent said to have rejected ext.r1(a) application for leave and passed an order not to disburse the salary to the petitioner and even after the receipt of exts.p7 and p9, the first ..... a conjoint reading of rule 34(3) of the accounts rules and sub-section (2)(a)(iii) of the kerala panchayat raj act, 1994 would make it clear beyond any doubt that irrespective of authorisation from the president of the concerned panchayat, salary and other statutory and mandatory payments under sub-section (2)(a)(iii) of section 213 of the kerala panchayat raj act shall be made by the secretary of the concerned panchayat. 13. ..... " sub-section (2)(a)(iii) to section 213 of the kerala panchayat raj act, 1994, runs as hereunder:- 2(a):-it shall be the duty of every panchayat to provide for the payment of- (iii) the salaries and allowances and the pensions, pensionary contributions, gratuity and provident fund contributions of its officers and employees and the allowances to the president, vice-president and members which may be due; 12. .....
Tag this Judgment!Court : Kerala
..... providing for creating of ombudsman was incorporated in the kerala panchayat raj act, 1994 by act 13 of 1999 by which chapter xxvb was inserted. ..... the governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out below:- i, a b having been appointed as the ombudsman for local self government institutions under the kerala panchayat raj act, 1994, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitutions of india and i will duly and faithfully and to the best of my ability, knowledge and judgment ..... , make and subscribe before the governor or a person authorised by him, an oath or affirmation as given below:- i, a b having been appointed as a member of the ombudsman for local self government institutions under the kerala panchayat raj act, 1994, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india and i will duly and faithfully and to the best of my ability, knowledge and judgment perform the ..... acting on the basis of the recommendation, the state legislation inserted chapter xxvb in the kerala panchayat raj act, 1994 by act 13 of 1999 with effect ..... had filed the writ petition were appointed as members of ombudsman as per section 271g(2) of the kerala panchayat raj act, 1994 by notification dated 29.05.2000. ..... iii) whether on account of disability as provided for in section 271g(6) the petitioners were entitled to any ..... iii .....
Tag this Judgment!Court : Kerala
..... vandazhy grama panchayat and the state level environment impact assessment authority (for short 'seiaa') to ensure that respondents 8 and 9 and their men do not conduct any quarrying operations, crusher unit or construction of m sand unit in the property without permission and licence from the panchayat under sections 233 and 232 of the kerala panchayat raj act, 1994 (hereinafter referred to as 'the act') and for ..... areas are exempted by virtue of section 6 of the 1999 act and there is a specific exemption under the panchayat raj act in respect of industrial areas, the panchayat, being a creature of statute, has to exercise the powers and functions within the well defined confines of the statute, especially power under section 233 of the act, which cannot be taken over by the board to make ..... that notwithstanding s.233 of the kerala panchayat raj act, the district board constituted under the single window clearance act, has jurisdiction to decide matters which can be decided by the panchayat under s.233 of the kerala panchayat raj act. ..... other installation of machinery or manufacturing plant for which permission is applied for is objectionable by reason of density of population in the neighbourhood and the possibility to cause nuisance or pollution and the village panchayat after having considered the application and the reports of the secretary, and of such other authorities as specified in sub-section (4) may as expeditiously as possible, at any rate within sixty days- ..... chapter ii .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker319; 2006(1)KLT427
..... take is also fortified by the nature of section 4 of the municipality act, 1994 which provides for conversion of village panchayat into a town panchayat or a municipal council, for conversion of a town panchayat into a municipal council and for conversion of a municipal council into a municipal ..... a municipal council into a municipal corporation: provided that, before issuing such a notification the requirements under article 243q and sub-section (1) shall be fulfilled and the suggestions and opinions of the village panchayat or town panchayat or municipal council or municipal corporation concerned, shall be considered.provided further that any notification issued under this sub-section shall not be brought into force except in such a way as to coincide ..... be treated to remain in a vacuum but has to be construed as falling into being a rural area for the purpose of part ix and thereafter, all that needs to be done is the issuance of a notification under the panchayat raj act to make it a panchayat area. ..... by (i) the need to take urgent action for safeguarding public health or safety or public interest, (ii) the absence of legitimate expectation, (iii) by refusal of remedies in discretion, (iv) doctrine of pleasure such as the power to dismiss an employee at pleasure, and (v) express ..... with the passage of time, it was observed that the panchayat raj institutions had not been able to acquire the status and dignity of viable and responsive people's bodies ..... chapter ii of the 1994 act does .....
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker193
..... school is vested in the kannamangalam grama panchayat as per section 5a of the kerala education act and section 166 of the kerala panchayat raj act, 1994, it could be contended that the executive authority of the gram panchayat is empowered to grant permission. ..... it was further held that under section 209c of the kerala panchayat raj act, 1994 and section 275 of the kerala municipality act, 1994, the secretaries of grama panchayats and municipal corporations are bound to take steps for removal of any advertisement exhibited without permission from the secretary. ..... dated 18-1-1996 are contrary to the statutory provisions contained in section 5a of the kerala education act and sections 166 and 173 of the kerala panchayat raj act, 1994 and the said executive guidelines cannot override the said statutory provisions. ..... referring to section 5b of the kerala education act, 1958 and rule 8(2) of chapter iv of the kerala education rules, the learned single judge held that there shall not be any hoarding or advertisement at the premises of a school, which will not serve the educational purpose. ..... however, according to rule 15 of chapter iv of the kerala education rules, in the case of an institution under the control of a local body, the executive authority of the local body concerned is empowered to grant the permission. ..... this is evident from the provisions contained in rule 15 of chapter iv of k.e.r. ..... it is also contended that rule 8(2) of chapter iv of k.e.r. .....
Tag this Judgment!Court : Kerala
Reported in : ILR2011(1)Ker697
..... 5.0 impact of 73rd and 74th constitutionamendment acts on the planning set up of thestate 5.1 with the enactment of the constitution amendment acts, thekerala panchayat raj act, 1994 and the kerala municipalities act,1994 came into being incorporating the provisions of the respectiveconstitution amendment acts; the significant feature was theprovision that the government shall, after the commencement of theact, transfer to the local bodies, all institutions, schemes,buildings, and other properties connected with the subjects listed inthe ..... decisions, four tests are deducible and these are: (i) the legislature has the undoubted rights to alter a lawalready promulgated through subsequent legislation, (ii) a speciallaw may be altered, abrogated or repealed by a later general law by anexpress provision, (iii) a later general law will override a priorspecial law if the two are so repugnant to each other that they cannotco-exist even though no express provision in that behalf is found inthe general law. ..... schemes produced in the respective writ petitions, to declare that the provisions of sections 3 and 11of the town planning act, 1939 are inconsistent with part ix-a of theconstitution of india and chapter iv of the kerala municipality act, 1994.section 51(4) of the municipality act, 1994 and the orders refusing sanctionare also under challenge. .....
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