G K MAHADEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art.226 is directed against an order dt.6-12-1973 made under Sec. 114(4) of the Karnataka Village Panchaya.ts and Local Boards Act, 1959 (called shortly 'the Act'). By the said order, the Govt. have removed the petitioner from the office of the President, Taluk Development Board, Tarikere, and also from the Membership of the Taluk Board. on the ground that he has committed some misconduct or acted negligently in the discharge of his duties as the President.

(2.) The facts relevant for the purpose of disposal of the petition are: The petitioner applied for a subsidy of Rs.200 on 25th March 1969 in respect of a model cattle shed said to have been constructed by him at Gejjegondanahalli, a village in his taluk. The Veterinary Inspector, Ajjampur, recommended the subsidy stating that the petitioner hag constructed the cattle shed. The Block Development Supervisor also recommended the payment Thereafter, the amount of Rs.200 was paid to the petitioner on 30-3-1969 by the Block Development Officer, Tarikere. It appears that there was some complaint against the petitioner that he has not constructed the cattle, shed though he has taken the subsidy for the same. The Asst. Commr. made an enquiry on the complaint and submitted a report on 3-4-1970 to the Govt. stating that the petitioner has not constructed the model cattle shed. On the basis of that report, the Govt. issued a notice dt. 18-7-1973 stating thus:

(3.) Thereafter, the petitioner was heard and the Govt made the impugned order dt.6-12-1973 staging that the petitioner has withdrawn the, subsidy, but not constructed the shed, which amounts to either misconduct or negligence in the discharge of his duties thereby making himself liable for removal from his office, as President under S 114(4) of the Act Accordingly, he was removed from the office of the President, TDB, Tarikere and also removed from the membership of the Taluk Board.