B.N. KRUPANANDA B. NAGARAJU Vs. SECRETARY, RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT, BENGALURU & ANR.

JUDGEMENT

(1.) The petitioner-Mr. B.N. Krupananda, a member of the Basavanahalli Grama Panchayat has filed this writ petition before this court under Art. 226 of the Constitution of India seeking a quashing of impugned show cause notice given to him vide Annexure-A dated 01.01.2016 under Sec. 43A of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as 'Act of 1993') calling upon him to show cause as to why sanction for construction of a Function Hall was issued by him when he was a 'Adhyaksha' - of said Grama Panchayat during his previous term in the year 2005-10. The petitioner held the office of the 'Adhyaksha' of said Grama Panchayat upon being elected in the election to the Grama Panchayat in the year 2005-10 and after a lapse of five years, he was again re-elected to the said Grama Panchayat in the elections held in the year 2015 and impugned notice was issued on 01.01.2016 during his second term for alleged misconduct committed by him as 'Adhyaksha' of the said Grama Panchayat in his previous tenure in 2005-10.

(2.) The petitioner instead of filing any reply to the said show cause notice and also the summons issued to him vide Annexure-B on 06.02.2016 by the respondent No.2 to appear before the said authority on 18.02.2016, filed this writ petition before this court.

(3.) While issuing notice on the said writ petition on 17.02.2016 a Co-ordinate Bench of this court granted an interim order as prayed for, namely, staying the proceedings in pursuance of the show cause notice.