SUBHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner calls in question order dtd. 4/6/2021, whereby the petitioner is removed as a Member of the Gram Panchayat in terms of Sec. 43A(1)(vi) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act' for short).

(2.) Heard Sri. A.S.Ponnanna, learned Senior counsel appearing for the petitioner, Smt. Prathima Honnapura, AGA for respondent Nos.1 and 2, Sri.Mahesh R. Uppin, learned counsel for respondent No.3 and have perused the material on record.

(3.) Sans details, the facts in brief germane for consideration of the lis, are as follows:- The petitioner is an ex-Vice-President and Member of Muthanallur Gram Panchayat ('the Panchayat' for short) and the term of the petitioner comes to an end on 27/12/2025. The respondent/State during the last term of the petitioner initiated proceedings for her removal from the membership of the Panchayat under Sec. 43A of the Act on the basis of a letter addressed by the 4th respondent/Panchayat Development Officer. It is upon the said communication a show cause notice was issued to the petitioner on 3/7/2018 seeking to show cause as to why the allegations made by the 3rd respondent/Chief Executive Officer should not be accepted as the allegation was that the petitioner, her husband and other Members have locked the Panchayat and obstructed the office work inter alia. In reply to the said show cause notice, the petitioner submitted a reply explaining the circumstances and refuting the allegations on 17/7/2018 and it is the claim of the petitioner that without holding any enquiry that is contemplated in law, she was removed from primary membership of the Panchayat in terms of Sec. 43A(1) of the Act. This order was called in question by the petitioner along with others before this Court in Writ Petition No.32127/2019 and connected cases. This Court disposed of the writ petition by its order dtd. 10/2/2020 by observing as follows: