K.V. VENKATESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was elected as a member of Mudianuru Grama Panchayat, Mulbagilu Taluk, Kolar District in the year 2015. It is submitted that on the basis of a complaint dated 01.07.2017, the proceedings were initiated, show cause notice came to be issued and pursuant to enquiry, the impugned order at Annexure-J came to be passed on 06.09.2018 whereby, the petitioner's membership stood cancelled pursuant to the power under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ('the Act' for brevity). The said order at Annexure-J is called in question in this petition. The order at Annexure-J reveals that the show cause notice came to be issued to the petitioner.

(2.) In sum and substance, the allegation is that with respect to the execution of work in NREGA Scheme for the year 2015-2016 and 2016 and 2017, there has been financial impropriety.

(3.) It is noticed that there were proceedings of enquiry and a report came to be sent on 11.08.2017 to the Chief Executive Officer by the Assistant Director, Taluk Panchayat, Mulbagal. The said report, a copy of which is enclosed alongwith the statement of objections makes out a case that with respect to certain works that have been executed in the year 2016-2017, the petitioner has been paid certain amount and payment has been made with reference to TIN No.29031145905 which belongs to the petitioner. The report further reveals that payment has been made in excess of the entitlement. There is reference that no tax has been deducted when payment is made and that there were certain discrepancies in the amount and that there were alterations in the bill. It further comes out that a report came to be submitted to the Principal Secretary, Department of Panchayat Raj and Rural Development by the Chief Executive Officer of Zilla Panchayat on 15.12.2017. There is a reference that an amount of Rs.17,52,762/- has been remitted into the account of the petitioner and the payment relates to works executed for the year 2015-2016 and 2016-2017. On the basis of the said report and subsequent to the show cause notice issued, notices have been issued to the petitioner and proceedings conducted, copies of the said notices are enclosed as Annexures-R4, R5, R6 and R7. The order sheet of the enquiry proceedings is enclosed alongwith the statement of objections and reveals the presence of petitioner on various dates of hearing. On the basis of such of the proceedings, the impugned order has come to be passed and it is recorded in the said enquiry proceedings that on the basis of the report by the Chief Executive Officer, Zilla Panchayat and their technical investigation report, there is material to point out to the misappropriation and misuse of funds.