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Bommegowda Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR3148

..... the aims and objects of the act, it reads:'an act to provide for the constitution of zilla parishads, taluk panchayat samithis, mandai panchayats and nyaya panchayats and others matters connected therewith.whereas it is expedient to provide for the establishment in rural areas, of zilla parishads, taluk panchayat samithis, mandai panchayats and nyaya panchayats to assign to them local government and judicial functions and to entrust the execution of certain works and development schemes ..... of the state five year plans to the zilla parishads, taluk panchayat samithis, mandai panchayats and to provide for the decentralizations of powers and functions under certain enactments ..... that the panchayat has been empowered to perform wide ranging duties and functions deemed essential for the wellbeing of the people in the panchayat area ..... government, elaborating the point further, learned counsel submitted that if it be the intention of government to invigorate even such authoritarian entities with a whiff of democratic aura provided by representation of people of that area, government cannot make an invidious distinction in the case of village panchayats and impose on them a non-democratic executive .....

Ariselli Srinivasa Rao Vs. State of A.P. Rep. by Its Principal Secreta ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT291

..... in memo dated 25-04-2003, prohibiting collection of asseelu from certain vehicles plying in a gram panchayat area, runs contrary to the provisions of section 104 of the act, in that respondent no ..... gram -panchayat area, and as the transportation does not involve in any trade by him in the area of respondent ..... government pleader for panchayat raj reiterating the counter averments submitted that some of lorry owners submitted representation dated 21-04-2003 to the chief secretary, government of andhra pradesh, stating that some of the contractors are collecting octroi/asseelu/rusumu from the goods vehicle owners who are not involved in trading in a gram panchayat area. ..... counter averments submitted that as per the provisions of section 104 of the act, the petitioner is entitled to collect asseelu from the vehicles that carry goods for sale in the specified markets of gram panchayat area. ..... the highest bidder for collection of asseelu for the year 2006-07, and as per the provisions of the section 104 of the act, the petitioner is entitled to collect asseelu from the vehicles entering the area of the gram panchayat, and particularly when there is no clause in the agreement entered into by the petitioner with respondent no. ..... orders in memo dated 25-04-2003, ordering not to collect octroi/asseelu/rusumu from the goods vehicle owners who are not involved in trading within the area specified by the gram panchayat for business and the same was communicated to all the district panchayat officers. .....

Eppala China Venkateswarlu and ors. Vs. Secretary to Government, Socia ...

Court : Andhra Pradesh

Reported in : 2006(5)ALD409

..... if we read articles 243c, 243k and 243o in place of article 327 and sections 2(kk), 11-f and 12-bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said areas and the allotments of seats to the constituencies could have been challenged nor the court could have entertained such challenge except on the ground that before the delimitation, no objections were invited ..... mandal:provided that it shall be competent for the government to make special provision with regard to the manner and quantum of seats to be reserved for backward classes in the gram panchayats situated in the scheduled areas, by rules made in this behalf.section 204, injunctions not to be granted in election proceedings :-notwithstanding anything in the code of civil procedure, 1908 (central act 5 of 1908), or in any other law for the time being in force, no court ..... while enacting clause (3) of article 243e, which, as mentioned above, mandates that election to constitute a panchayat shall be completed before expiry of its duration of five years, the parliament must have taken into consideration that the provisions contained in various statutes for appointment of administrative and executive officers to manage the affairs of the local bodies in urban as well as rural areas at the end of the term of the elected bodies and the fact that these provisions .....

Than Singh and ors. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR2005MP170; 2005(2)MPLJ353

..... the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part;(d) 'panchayat' means an institution (by whatever name called) of self-government constituted under article 243b, for the rural areas;(e) 'panchayat area' means the territorial area of a panchayat;(f) 'population' means the population as ascertained at the last preceding census of which the relevant figures have been published;(g) 'village' means a village specified ..... --(a) the scheduled castes; 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 that panchayat area or of the scheduled tribes in that panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a panchayat. ..... of benefits of development schemes in the village;(j) to promote general awareness amongst the people; and(j-i) to exercise control over institutions and functionaries in social sectors transferred to or appointed by gram panchayat through that panchayat;(j-ii) to manage natural resources including land, water, forests within the area of the village in accordance with the provisions of the constitution and other relevant laws for the time being in force;(j-iii) to advise the gram .....

Bhupinder Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : (1995)111PLR353

..... persons registered as voters in the electoral rolls of the area of the gram panchayat, constituted under section 3 of this act; (z) 'gram sabha area' means territorial area of a gram sabha; (za) 'gram panchayat area' means an institution of self-government for a gram sabha area constituted under section 9'. ..... the administrator of the union territory had the power under section 3(1) of the panchayati raj as applicable to chandigarh to specify such territorial area of the union territory to be municipal area of the municipal corporation of chandigarh and since that included the whole of the gram sabha area of the petitioner panchayat, the latter automatically ceased to exist and they cannot be said to have been dissolved so as to attract the proviso to article 243-n of ..... the parties the question that emerges for determination is whether on the inclusion of the whole of the gram panchayat in an urban estate to which the provisions of the corporation act apply, the gram panchayat constituted for the said gram sabha area could be said to have been dis-solved within the meaning of article 243-n and section 211 of the ..... ashok aggarwal, on the other hand, strenuously urged that the inclusion of the whole of the gram sabha areas of the petitioner panchayats in the municipal corporation of chandigarh does not have the effect of dissolving the gram panchayats but with such inclusion they automatically ceased to exist and the provisions of section 211 of the panchayati raj act and the proviso .....

K.K. Kuruvilla Vs. Executive Officer, Parathode Panchayat

Court : Kerala

Reported in : AIR1971Ker54

..... profession tax-- (1) the profession tax shall, subject to such rules asmay be prescribed be, levied every half year in every panchayat area on- xx xx xx (ii) every person who, in that half year- (a) exercises a profession art or calling or transacts business or holds any appointment, public or private- (i) within such panchayat area for not less than sixty days in the aggregate, or (ii) without such panchayat area but who resides in it for not less than sixty days in the aggregate, xx xx xx (2) the profession tax shall be levied ..... in that half year- (a) exercises a profession, art or calling or transacts business or holds any appointment, public or private- (i) within such panchayat area for not less than sixty days in the aggregate, or (ii) without such panchayat area but who resides in it for not less than sixty days in the aggregate, or, (b) resides in such panchayat area for not less than sixty days in the aggregate and is in receipt of any pension or income from investments. ..... exercising no profession therein, that makes him liable to tax on the profession exercised by him without that panchayat area, and it is to this kind of residence that the expression in sub-section (5) which we are now considering refers --a person who both exercises a profession and resides within the same panchayat area is caught by sub-clause (i) and not by sub-clause (ii) of clause (a) the latter sub-clause being applicable only to a case where a profession is exercised without and not .....

Hindustan Coca-cola Beverages (P) Ltd. Vs. Perumatty Grama Panchayat

Court : Kerala

Reported in : 2005(2)KLT554

..... notwithstanding the above and although the panchayat would have been justified in refusing renewal, the company was informed that as a special case, taking notice of the employment potential of persons in the local area, a renewal could be considered, if they were not to draw any ground water from the panchayat area and were to carry on the industry by bringing water from else where. ..... the suggestion and condition to bring water from outside the panchayat area to run an industry housed there is plainly unreasonable and we cannot approve such a condition for curbing the normal activities.50. ..... is injurious to public health.4) the drawal of ground water by the company has affected the source of drinking water and water supply to the entire area, which is a matter of consideration and the government had declared so and stopped the drawal of ground water until the edavapathy (monsoon).5) the panchayat is convinced that the reasons stated in its intimation dated 11.3.2004 have to be reiterated and the company has not satisfactorily explained any one of them ..... ramakumar submitted that the panchayat, represented by him, should not be understood as having basic objections about the functioning of the industry in the panchayat area, since direct and indirect employment to a number of persons was being offered. ..... the panchayat had also no legal authority to cancel the licence for functioning the unit in the panchayat area for any of the reasons pointed out, at different occasions. .....

Gramvasi Gram Khari Gram Panchayat Dhamni and Others Vs. The Collector ...

Court : Chhattisgarh

..... authority authorized by him decides under sub-section (1) of section 125: (i) to change the headquarters of gram panchayat; or (ii) to alter the limits of a gram panchayat area by including within it any local area in the vicinity thereof or by excluding therefrom any local area comprised therein; or (iii) to amalgamate two or more gram panchayat area and form one gram panchayat area in their place; or (iv) to split up a gram panchayat area and form two or more gram panchayat at areas in its place, he/it shall declare his/its intention in the form of a proposal to do so by publishing a notification ..... in the chhattisgarh gazette and by affixing a copy of such notification on the notice board of the gram panchayat's concerned and .....

Ramapuram Grama Panchayat represented by its Secretary Vs. St. Basil I ...

Court : Kerala

..... therefore, it is clear that this panchayat is not averse to quarrying operations in the panchayat area. ..... learned counsel for the petitioner however argued that there are even unlicenced quarries functioning within the panchayat area. ..... 's contention is that the rejection of the permit/licence was not on account of any valid reason which would have come to the aid of the panchayat in terms of section 233, whereas they have virtually entrenched into the area which are to be considered by other competent authorities and had rejected the application. ..... the report it was stated that though the petitioner was not permitted to conduct quarrying operations in areas having slopes of more than 45o in the land in question, in so far as the slope is more than 70o, the clearance of moef was issued without seeking opinion from the panchayat and without conducting any site inspection, but based on google map. ..... according to them, the decision was taken by the panchayat in terms of ext.p7 to secure the well being of the people in the area and that apart, there is no mining plan which is mandatory in terms of the kerala minor mineral concession rules, ..... , it has to be verified whether the reasons 5 to 8, 18 and 19 come within the area of consideration of the panchayat in terms of section 233 of the act. ..... the panchayat committee found that if quarrying operations are permitted, it will pollute natural water sources, cause ecological imbalance to the area which is prone to earth quake, land sliding etc .....

State of Kerala, Represented By the Principal Secretary to Government ...

Court : Kerala

..... (2) the government may, by notification,-- (a) exclude any municipal area from the operation of this act; or (b)exclude from a municipal area comprised therein and defined in the notification; or (c) divide any municipal area into two or more municipal areas; or (d) unite two or more municipal areas; or (e) unite the territorial area of a panchayat geographically lying adjacent to a municipal area, with the municipality; or (f) convert a village panchayat into a town panchayat or a municipal council; or (g) convert a town panchayat into a municipal council; or (h) convert a municipal council into a municipal corporation: provided that ..... context otherwise requires, (a) committee means a committee constituted under article 243-s; (b) district means a district in a state; (c) metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the governor by public notification to be a metropolitan area for the purposes of this part; (d) municipal area means the territorial area of a municipality as is notified by the governor; (e) municipality means an institution of self-government constituted under article 243 .....