RUDRAGOUDA Vs. THE GOVT. OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE appellant was elected as member of Gram Panchayat in Gour -B, in the general elections held on 28.05.2010, for a period of five years. He has been also elected as Adhyaksha of the Gram Panchayat in Gour -B, held on 22.12.2012 for a period of 30 months, which ends on 22.06.2015.

(2.) WHEN the facts stood thus, the Government has issued a show cause notice dated 06.11.2014 to the appellant directing him to show cause as to why he should not be removed from the membership of Gram Panchayat under Section 43(A) of Karnataka Panchayat Raj Act, 1992 (for short 'Act') The allegations in the show cause notice are that while the appellant was working as President, he has misappropriated the funds and violated the guidelines in execution of work of Gram Panchayat. The appellant has submitted his reply to the show cause notice and denied the allegations. He has specifically contended that for the year 2013 -14 and 2014 -15, the work was approved in the ratio of 80:20 i.e., material and labour respectively and accordingly work has been executed. Upon his denial to the show cause notice, a criminal case has been registered on 06.09.2014 in Crime No. 224/2014 by Afzalpur police station for the offences punishable under Sections 379 and 420 of IPC against the Panchayat Development Officer. Subsequently, the name of the appellant also has been included in the case on 08.09.2014.

(3.) IT was the specific case before this Court that the order impugned is lack of jurisdiction and power and the writ petition has been disposed of not giving any opportunity to the parties. The learned Single Judge has disposed of the writ petition referring the judgments cited by the parties by assigning the reasons. Since, the allegation made against the petitioner is with regard to misappropriation of public fund, he is not entitled for the relief of setting aside the impugned order.