DEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 22nd Feb., 2013 passed by the 1st respondent as at Annexure 'K' to the petition.

(2.) The petitioner was elected as a Chairman of respondent No. 3/Gram Panchayat. The Panchayat owned the properties bearing VPC Nos. 2418 and 2299. The said properties s were sought to be exchanged in lieu of certain properties belonging to Sri. Dundappa Shrimantappa Naik and Sri.Vinod Muttappa Jyotigond. During the term of the petitioner as a Chairman of the Panchayat, since the said exchange was to be affected, the subject was placed before the meeting of the Gram Panchayat and the same was approved by Resolution Nos. 3 and 5 respectively. Pursuant to the same, the petitioner being the Chairman of the Panchayat has executed the exchange deeds and parted with the properties belonging to respondent No. 3/Panchayat. On acomplaint made against the petitioner that he had parted with the properties belonging to respondent No. 3/Panchayat without following the due process by seeking approval as per law, action was initiated and after holding the enquiry under the provisions of Karnataka Panchayat Raj Act, 1993 (for short 'the Act'), respondent No. 1 in exercise of the power under Sec. 43A of the Act has disqualified the petitioner from continuing as a member of the Panchayat. As a result of the same, Criminal proceedings have also been launched. The petitioner claiming to be aggrieved by the same is before this Court.

(3.) Having heard the learned counsel for the parties, I have perused the petition papers.