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K. Puttaswamy Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR3065; 1995(1)KarLJ395

..... validity of the election of a adhyaksha or upadhyaksha of grama panchayat under this act shall be decided by the prescribed judicial officer having jurisdiction over the panchayat area or the major portion of the panchayat area, whose decision thereon shall be final.7. ..... of the election of a pradhana or upapradhana under sub-section (1) or under section-42 shall be decided by the prescribed judicial officer having jurisdiction over the mandal panchayat area or the major portion of the mandal panchayat area whose decision thereon shall be final.' 9. ..... the validity of election can be agitated before and be decided by prescribed judicial officer, having jurisdiction over panchayat area or a major portion of panchayat area, whose decision thereon shall be final.8. ..... (2) it provides that any dispute relating to the validity of election of adhyaksha and upadhyaksha or grama panchayat under this act shall be decided by the prescribed judicial officer within whose territorial jurisdiction lies the panchayat area or the major portion of the panchayat area. ..... or on its reconstitution or establishment under section 132 or on its reconstitution on the expiry of the terms of the members of mandal panchayat, a meeting of the mandal panchayat shall be called within four weeks from the date of commencement of the term of office of the members of the mandal panchayat under section 40 by the prescribed officer who shall himself preside over the meeting, but shall have no right to vote, and the meeting .....

Lal Singh and anr. Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : 2005(2)MPHT346

..... learned counsel appearing for respondents is right in contending that to specify a village or group of villages for establishing a gram panchayat or change of headquarter or alteration in the limits of gram panchayat area either by including or excluding any local area in the vicinity thereof, amalgamation of two or more gram panchayat area to split up a gram panchayat are all legislative functions and this court can not sit in appeal over such functions or decisions specifically in view of the fact that objections of the villagers were duly considered ..... section 125 of the adhiniyam gives power to change the head quarter of gram panchayat, division, amalgamation or alteration of panchayat area. ..... shri yadav submitted that formation of gram panchayat including the amalgamation of village kumadi in the area of gram panchayat, toogni is a legislative function which is not open to interference under article 226 of the constitution of india. ..... according to the petitioners, the impugned notification dated 12-7-2004 has been issued contrary to the provisions of panchayat raj evam gram swaraj adhiniyam, 1993 (hereinafter referred to as 'the adhiniyam' for short). ..... they are aggrieved by the exclusion of village kumadi from the area of erstwhile gram panchayat, bejana and amalgamation of kumadi with the gram panchayat, toogni. ..... thus, the effect of the objection was that the petitioners or the residents of village kumadi did not want change in the area of the erstwhile gram panchayat, bejana. .....

Pich Rowther Hameedu Rowther Vs. the Pampady Fanchayath and anr.

Court : Kerala

Reported in : 1957CriLJ105

..... , with the previous approval of the director, notify that no place within the limits of the panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which, in the opinion of government, are likely to be offensive or dangerous to human life or health or property, without a licence from the ..... we also direct respondent 2 not to interfere with the petitioner in his business of carrying on the trade of selling meat or conducting a meat stall within the panchayat area, unless under proper rules and notifications in the matter. ..... therefore prayed for(a) a writ of mandamus or any other appropriate writ, order or direction be issued, directing respondent 1 not to prohibit this petitioner from carrying on his trade of selling meat and conducting a meat stall within the panchayat area : (b) appropriate directions be issued directing respondent 2 to withdraw the prosecution in c. c. no. ..... of these it is enough for us to note the general provision in section 44 and also the clause (d) thereof, as follows:subject to such rules as may be prescribed a panchayat shall also make arrangements for carrying out the requirements of the panchayat area in respect of the following matters, namely :... ..... notice be quashed : and(b) a writ of mandamus or such other appropriate writ, order or direction be issued directing respondent 2 not to prohibit the petitioner from carrying on the trade of selling meat and conducting a meat stall within the panchayat area. .....

G.L. Vedhavathy Vs. A.D. Purushothama and Other

Court : Karnataka

..... has received is regarding heredoddawadi village over head tank work; v) she (present appellant) agrees that the development work from dabaspet koratagere road to betta seethakal road which comes under the seethakal gram panchayat area is executed by her; vi) she (present appellant) agrees that the work under the rural water supply scheme in hiredoddawadi village is executed by her and she has received rs.18,08,983/-; vii) she (present appellant ..... relied upon by the petitioner to show that she has done work pertaining to the work order issued by the zilla panchayat and the work order issued by the ceo, zilla panchayat to her towards execution of the contract within the grama panchayat area and she has received the amount for the contract work entrust by the zilla panchayat and has not undertaken any work by the orders of the seethakal grama ..... also further contended that the 1st respondent-appellant herein, who is the member of the grama panchayat is directly involved in the contract work that has been sanctioned/undertaken and benefited by the execution of work within the grama panchayat area and therefore, she has suffered disqualification under the provisions of section 12(2) of the act. ..... considering the entire material on record has recorded a specific findings as under: i) in the examination-in-chief, the 1st respondent (present appellant) has stated that the work order issued by the zilla panchayat to her is towards execution of the contract work within the gram panchayat area. .....

H.C. Yatheesh Kumar and ors. Vs. the Karnataka Election Commission and ...

Court : Karnataka

Reported in : ILR2005KAR3323

..... and(b) the scheduled tribes,in every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes in the panchayat area or the scheduled tribes in that panchayat area bears to the total population of that area and such seats may be allotted by rotation to difference constituencies in a panchayat. ..... advocate general contends that the impugned notifications issued by the 1st respondent state election commission relating to delimitation of constituencies and allotment of reserved category seats to different constituencies in zilla panchayats and taluka panchayats are matters relating to election issued under article 243-k(1) of the constitution and therefore, the same cannot be called in question under article 226 of the constitution since there is ..... less than one third of the seats reserved for each category of persons belonging to scheduled castes,scheduled tribes and backward classes and those of the non-reserved seats in a zilla panchayat shall be reserved by the government for women:provided that the seat reserved under sub-sections (1) and (2) and (3) shall be allotted by rotation to different constituencies in the ..... the seats of a zilla panchayat are to be allotted to different constituencies in a zilla panchayat area and not one to each taluk and ..... the number of constituencies in taluk panchayat and zilla panchayat areas. .....

Suresh Chand Sri Gopal Vs. the Union of India

Court : Andhra Pradesh

Reported in : [1989]72STC241(AP)

..... we do not think that the said observations can be read as meaning that the levy of a uniform rate of tax upon goods entering any local area - whether it be a municipal corporation area, or a gram panchayat area - is discriminatory or bad. ..... learned counsel also submitted that levying a uniform tax on entry of goods into all local areas, without making a distinction between the local area comprised within the hyderabad municipal corporation and the local area comprised in a small gram panchayat in the corner of the state, amounts to treating local areas situated unequally, on an equal footing, which is violative of the guarantee enshrined in article 14 of the constitution. 18. ..... visakhapatnam municipal corporation act, 1979, or the vijayawada municipal corporation act, 1981, as the case may be, a municipality as constituted or deemed to have been constituted under the andhra pradesh municipalities act, 1965, or any notified area, as declared under section 389-a of the andhra pradesh municipalities act, 1965 and includes such other area within the limits of one or more gram panchayats, as may be declared by the government by notification to be a local area for the purposes of this act'. 3. ..... indeed, the definition of the expression 'local area' in clause (e) of section 2 clearly shows that 'local area' means either an area covered by the hyderabad/visakhapatnam/vijayawada municipal corporation act, or a municipality, notified area, or an area within the limits of a gram panchayat. 32. .....

Rishipal Son of Sri Kunwar Singh and ors. Vs. State of Up Through Its ...

Court : Allahabad

Reported in : 2006(1)AWC426

..... 1947 or the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 1961, as the case may be, and any panchayat constituted for such industrial development area ..... made under the said proviso, stand excluded from such panchayat area and no panchayat shall be constituted for such industrial devleopment area or part thereof under the united provinces panchayat raj act, ..... of the act, which are as follows:'2(d)'industrial development area' means an area declared as such by the state government by notification;' '12-a notwithstanding anything contained to the conrary in any uttar pradesh act where an industrial development area or any part there of is specified to be an industrial town ship under the proviso to clause (i) of article 243q of the constitution such industrial development area or part thereof, if included in a panchayat area, shall, with effect from the date of notification .....

Gayching Bhutia and anr. Vs. Union of India (Uoi) and ors.

Court : Sikkim

Reported in : AIR2008Sik1

..... are also forwarded to the various other concerned authorities like sachiva zilla panchayat, area mla, director vigilance, zilla panchayat, president, gram panchayat, divisional engineer and assistant engineer.d) thereafter, the technical cell executes the work with active participation of the concerned panchayat keeping in view the objective of the schemes viz. ..... year 2004-05 for identifying, sanctioning and implementing of the works were as under:a) demands were usually made by the public either to the village representative or to the area mla who in turn after consultation with concerned panchayat used to place public demand to the department;b) the sanctions are then accorded by the departmental depending on the availability of the resources and after preparation of the technical reports ..... adopted it was ensured that the works to be implemented and assets to be created were identified by the public and the local panchayat themselves and after the public demand for implementation of such work through the panchayats and the area mlas was received, the department sanctions the works under intimation to the district implementing authority who in turn prepares technical report, plan ..... all poor who are in need of wage employment and desire to do manual and unskilled work in and around their village/habitant and all deserving areas were required to be given a fair treatment in the matter of allocation of resources without diversion of resources among the wards of the village panchayat. .....

Action Council Vs. Benny Abraham

Court : Kerala

Reported in : AIR2002Ker65

..... notify that no place in the panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of government, are likely to be offensive or dangerous to human life or health or property, without a licence issued by the village panchayat and except in accordance with the conditions specified in such licence: provided that no such notification shall take effect until the expiry of thirty days from the date ..... and in any case, once permission having been granted to install machinery and all the safeguards directed by the panchayat having been provided, the panchayat/president will not be justified at all in taking an unreasonable stand that it has decided in public interest not to grant ..... of human life, health and property forward a clearance certificate suggesting appropriate preventive measures in the matter of setting up a notified industry, and other concerned agencies also express their positive opinion, the only area left for consideration as far as panchayat/president, unless bound by a valid policy decision is required, is to issue necessary permission/licence. ..... as held by the learned single judge 'panchayat itself cold independently consider as to whether by setting up a metal crusher unit within this areas, it would affect the people of the locality ..... in other words, panchayat itself could independently consider as to whether by setting up a metal crusher unit within its area, it wold affect the people of the .....

Ram Kumar and ors. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : 2001(4)AWC3149; (2001)3UPLBEC2530

..... raikwar, manjhf, godia, kahar, sureha or suraha and in absence of members of the community of fishermen mentioned above of the concerned gaon sabha/nyaya panchayat area/block level area, thereafter to the members of scheduled caste/scheduled tribe community and only then thereafter other persons of general category of gaon sabha/nyaya ..... the decision rendered in cases of panchoo (supra) and desh kumar (supra) overruling the decision of co-ordinate benches of equal jurisdiction rendered in the cases of ajai sonkar (supra) and gram panchayat, kanta gulzarpur, unnao (supra) and decision rendered by division bench in case of todi (supra) on point of jurisdiction of civil courts to cancel fishery leases require reconsideration by larger bench ..... may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon the panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to the preparation of plans for economic development and social justice and ..... members of the community of fishermen mentioned above of the concerned gaon sabha/ nyaya panchayat/block level area and thereafter members of the scheduled caste and scheduled tribe community of gaon sabha and only then thereafter other persons of gaon sabha/nyaya panchayat/block level area, provided area of the tanks or ponds of fishery are up to two hectares and in case it is more than two .....