BASAVALING NAYAK Vs. ERAMMA

JUDGEMENT

(1.) The appellant has challenged an order dtd. 8/7/2025 passed by learned Single Judge of this Court in W.P.No.200334/2025.

(2.) The facts that can be gathered from the writ petition are that respondent No.1 was an elected member of Utakanoor Gram Panchayat and was elected on 30/12/2020. During the 15th Financial Plan for the year 2022-2023, certain public works of the panchayat were allotted to respondent No.1. It appears that there were certain irregularities in the 15th Financial Plan for the year 2022-2023 and a complaint in that regard was lodged by the appellant herein, following which respondent No.5 held proceedings and submitted a report to respondent No.4 on 19/11/2022 that there were several irregularities. The Panchayat Development Officer was suspended from service on 28/11/2022. The respondent No.4 then requested respondent No.3 to hold proceedings for disqualification of the appellant under Sec. 43A(v) of the Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act, 1993', for brevity), following which enquiry proceedings were held by respondent No.3 and a report was submitted to respondent No.2. The respondent No.2 perused the report and found that the son of respondent No.1 was the recipient of a sum of Rs.2,48,668.00 and therefore held that respondent No.1 had incurred disqualification under Sec. 43A(v) of the Act, 1993. Based upon this, an order was passed by the Additional Secretary to the Department of Panchayat Raj, disqualifying the respondent No.1 as a member of the Panchayath for a period of six years under Sec. 43A and 48(4) read with Sec. 12(l) of the Panchayat Raj Act, 1993.

(3.) Being aggrieved by the said order, the respondent No.1 filed W.P.No.200344/2025. The learned Single Judge of this Court, held :-