SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Kar) 373

SURAJ GOVINDARAJ
Lalitabai W/o Malkanna Patil – Appellant
Versus
Commissioner Karnataka State Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Halalli.
For the Respondents: Amresh S. Roja, Krupasagar Patil.

ORDER :

1. The petitioner who was elected to the Mogha (K) Gram Panchayat in the election held on 22.12.2020 and declared on 30.12.2020 is before this Court seeking for the following reliefs:

    (a) Issue a writ of certiorari or any other order in the like nature quashing the impugned order dated 14.02.2022 vide No. Prakarna NO. RA CHU AA/09/GRA PUM. (AA. GOO)/2021 vide Annexure-E passed by 1st respondent, in the interest of justice and equity.

(b) Or pass any other order as this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.

2. The petitioner is aggrieved by the impugned order dated 14.02.2022 at Annexure-E under which he was disqualified and removed from office on account of non-compliance with the requirements of Section 43B of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short, ‘the Act’).

3. Sri.S.S.Halalli, learned counsel for the petitioner submits that:

    3.1. since there is no show cause notice or enquiry held before such disqualification the impugned order is required to be set aside.

3.2. the principles of natural justice has not been followed.

3.3. in terms of Section 43B(4), a hearing has to be provided bef

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top