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2015 Supreme(Kar) 406

R.S.CHAUHAN
PALAKSHAMMA – Appellant
Versus
KARNATAKA STATE ELECTION COMMISSION – Respondent


Advocates:
Advocate Appeared:
Sri.M.ASWATHANARAYANA REDDY, ADV.
Sri.ASWATHAPPA, AGA

ORDER

The petitioner, Smt.Palakshamma, is aggrieved by the order dated 13.02.2015 passed by the Karnataka State Election Commission, whereby, the learned Commissioner has disqualified the petitioner as Panchyath Member of the Davangere Taluk Panchayath.

2. It is the case of petitioner that she was elected as Taluk Panchayth Member of Davangere Taluk Panchayath. However, on 12.11.2013, one Sri.Chinnasamudra Shekar Naik filed a complaint against her before the Election Commission wherein, he has alleged that ever since the petitioner has become a member of the said Gram Panchayath, her husband, G.N.Sangappa, and her brother, H.B.Shivamurthy are repeatedly being given contracts for carrying out works under the Panchayath. Therefore, she should be disqualified under Section 128 (1) of the Karnataka Panchayath Raj Act, 1993 (‘the Act’, for short).

3. Subsequently, a notice was issued to the petitioner. The petitioner did appear before the Election Commissioner, and filed her reply to the application. In her reply, she has pleaded that her husband G.N.Sangappa has been a Class-I PWD Contractor since 1987. Neither he, nor she have misused their position in order to unduly favour her husban








































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