SHANKREPPA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) PETITIONER is before this Court assailing the order dated 06.02.2014 impugned at Annexure -N to the petition.

(2.) PETITIONER was elected to the office of the President of Gram Panchayat, Togalur, under the provisions of the Karnataka Panchayat Raj Act, 1993 (for short, hereinafter referred to as 'the Act'). While the petitioner was working as President of the said panchayat, on an allegation that the petitioner had indulged in corruption, proceedings in C.C. No. 4/2012 was initiated against the petitioner for the offences punishable under Sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption of Act, 1988. The allegations against the petitioner was that he had demanded bribe of Rs. 3,500/ - to release payment under NREGS to the extent of Rs. 33,500/ -.

(3.) THE issue for consideration in this petition is only to the extent as to whether mere registration of a criminal case against the petitioner was sufficient reason for the first respondent to invoke the provisions contained in Section 43(a), 48(4) and 48(5) of the Act to remove the petitioner from the post of Presidentship and also Membership of the panchayat. While taking into consideration this aspect of the matter, the fact that the petitioner has ceased to be the president as there was no interim direction from this Court will have to be kept in view and as such, only consideration is as to whether the petitioner could be allowed to continue as member of the panchayat if ultimately case of the petitioner is accepted by this Court. The petitioner is yet to be convicted in the said proceedings.