ORDER :

1. Petitioners being Members of Gram Panchayat, Chatnalli in Bidar Taluk through these petitions are knowing at the doors of Writ Court for laying a challenge to the order dated 12.11.2019 passed by the respondent No.1 – State of Government under Sections 12 & 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘Act’, for short) whereby their membership has been removed, on fault ground.

2. After service of notice, contesting respondents having entered appearance through their learned Advocates opposed the writ petitions contending that after a thorough enquiry with participation of these petitioners having been held their membership has been cancelled because of their proven misconduct; the findings as to misconduct being factual, Writ Court cannot undertake a deeper examination because of the restrictive scope of it’s constitutionally vested jurisdiction. So contending they seek dismissal of the writ petitions.

3. All these cases have broadly a common fact matrix and legal parameters, and therefore they are taken together for final disposal with the concurrence of the Bar. I have heard the learned counsel for the parties and perused the petition papers and I have adverted to the rulings cited at the Bar.

a) Petitioner, Smt. Muttamma W/o Arjun in W.P.Nos.205746/2019 could not have been removed from membership since the allotment of the house/site was done during the year 201314 under Indira Awas Yojana vide Beneficiary Code No.29639 i.e., much anterior to her election as Member of the Gram Panchayat in the year 2015; Section 43A of the Act by it’s very language does not take into it’s fold the allotments made to a person anterior to his/her election as a Member of local Body; if there is any infirmity as to the allotment or noncompliance of any of it’s conditions, some other consequence may follow in law, is beside the point.

b) Petitioner, Mr. Jaganath S/o Shivaraj in W.P.No.205747/2019 has been dismembered from the Gram Panchayat inasmuch as he got allotted a house under 201617 Ambedkar Niwas Vasati Yojana vide Beneficiary Code No.420770 in favour of his father Shivaraj S/o Basappa, disgracefully as found out in the enquiry accomplished with his participation; therefore his removal from membership in terms of Section 43A cannot be faltered, as rightly contended by the learned AGA; the act of the petitioner who happens to be an elected representative of the people is disgraceful, too.

c) Petitioner, Mr. Ashok S/o Bakkappa in W.P.No.205748/2019 has been dismembered since he got allotted a house in favour of his wife Smt. Roopa under 201617 Pradhana Mantri Awas Vasati Yojana; though his wife was already a beneficiary having been allotted another house under 200809 Indira Awas Vasati Yojana; thus, his removal also cannot be found fault with; here too, the act of the petitioner is disgraceful.

d) Petitioner, Mr. Vithal S/o Veerappa in W.P.No.205743/2019 has been dismembered since he got allotted a house in favour of his daughter-in-law Smt. Ambika W/o Venkat under 201718 Pradhan Mantri Awas Yojana vide Beneficiary Code No.276242; the contention of petitioner that, daughter-in-law is not a “nearest relative” and therefore Section 43A is not applicable is bit difficult to countenance inasmuch as the beneficiary and the petitioner are residing in the very same residence which fact is evidenced by same electricity R.R. Number as mentioned in both the Ration Cards as rightly pointed by the learned Additional Government Advocate; it can be safely presumed that the daughter-in-law is dependent upon the petitioner since she is residing in the house belonging to the petitioner.

e) The contention of the petitioner that the Explanation to Section 43A of the Act enlists only the son & daughter, and therefore the allotment to daughter-in-law cannot factor as a ground for dismembering, if accepted would defeat the very intent and purpose of the legislature which enacted the provision; what is prohibited by law cannot be permitted to