ANITA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THE order dated 02.12.2011 passed by the State Government vide Annexure -M disqualifying Adhyaksha, Upadhyaksha and seven members of Janawad Gram Panchayat, Bidar District is confirmed by this Court in W.P.Nos.48073 -081/2011 (LB -RES) by the order dated 27.03.2013.

(2.) BOTH the orders are assailed in these writ appeals. Records reveal that the appellants herein are Adhyaksha, Upadhyaksha and seven elected members of Janawada Grama Panchayat, Bidar taluk. Kumari Mangala Kamble was Panchayat Development Officer. On 30.06.2011 the said Kumari Mangala Kamble lodged the complaint before Janawada police station alleging that the appellants herein assaulted her while discharging her official duty, consequent upon which she is injured and taken treatment. She has also reported about the incident to the Chief Executive Officer of Zilla Panchayat, Bidar and requested him to take action against the appellants herein. The Chief Executive Officer of Zilla Panchayat, Bidar upon holding enquiry, and having found that the allegations made against these appellants are prima facie correct, requested to State Government to take action for disqualifying the appellants under Sections 43 -A, 48(4) and 48(5) of Karnataka Panchayat Raj Act, 1993. The State Government before initiating action against the appellants, issued notices to each of the appellants and instructed them to file their statement of objections. The objections were filed by the appellants herein. The records were produced by both sides. Upon considering the material on record the order dated 02.12.2011 was passed by State Government disqualifying the appellants from the post of Adhyaksha, Upadhyaksha and members The order of the State Government is confirmed by this Court in W.P.Nos.48073 -081/2011.

(3.) WE do not find any ground to interfere with the impugned order. The allegations made against the appellants herein are prima facie found to be correct, in as much as the police after investigation have laid charge sheet against the appellants for offences punishable under Section 323, 504, 332 read with Section 149 of IPC and Section 3(i) (ii) of SC/ST (POA) Act. Now the matter is pending for trial in Sessions Court in Special Case No.35/2011.