Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. NATARAJ
Surendra K. Alias Sachin S/o Late Kempegowda – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner has sought for a writ in the nature of certiorari to quash the enquiry report dated 28.02.2025 submitted by respondent No.3 in Case No. RCM-ELN1/47/2024
which the petitioner was disqualified under Section 43-A(v) of the KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT , 1993 (henceforth referred to as 'Act, 1993').
2. (i) The petitioner was elected as a member of the respondent No.6 - Panchayat on 30.12.2020. The petitioner claims that during the financial year 2022-23, a sum of Rs.55,45,338/- was collected by the panchayat as tax but only a sum of Rs.43,90,688/- was deposited into the account of the panchayat as on 31.03.2023. The petitioner therefore alleged that a sum of Rs.11,54,650/- was misappropriated. He also alleged that some materials were procured by the panchayat in violation of the Karnataka Transparency in Public Procurement Act, 1999 and payments were made to certain individuals in an illegal manner. He therefore, lodged a complaint on 06.04.2023 with the respondent No.4 requesting him to initiate suitable action. The respondent No.4 constituted a Special Investigation Team to enquire into the allegations and the Special Investigation Team, after
Disqualification of a panchayat member requires strict adherence to procedural fairness and proper authority; collective actions taken during crises are not grounds for disqualification under statuto....
Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
Disqualification of elected officials under the Maharashtra Village Panchayat Act can be upheld based on misconduct linked to their associates, even if direct involvement is not established.
Point of law: Section 30 of the Gujarat Panchayats Act in light of the present undisputed facts which are stated herein above is giving an impression that the some undue favour appears to have been g....
Point of Law : When there is a cause shown in the late filing of the declaration and/or when the declaration is found to be false, would an opportunity of hearing be required to be given.
Disqualification under Section 14(1)(g) of the Maharashtra Village Panchayat Act is upheld due to the established receipt of funds, reflecting a conflict of interest that threatens the integrity of l....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
