N RAMA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a member of the fourth respondent Vishwanathapura Gram Panchayat has sought to challenge the Government Order at Annexure-A dated 17.04.2018, whereby the petitioner has been removed from the post of 'Adhyaksha' of the said Gram Panchayat and his membership was cancelled pursuant to an inquiry initiated in exercise of the power under Section 43-A and 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short 'the Act').

(2.) The relevant facts that are made out are as follows:

(3.) The petitioner has contended that the inquiry is faulty, as the show cause notice is only as regards the proposed action under Section 48 of the Act and does not refer to the provision of Section 43A and hence on this ground itself, the impugned order passed under Section 43A of the Act requires to be set aside. It is further submitted that action under Section 43A envisages an inquiry which would include an opportunity of being heard and that, in the present case no sufficient opportunity has been afforded to the petitioner;