Case Note & Summary
The petitioners, former President and Vice-President of Chandavar Gram Panchayat and former President of Valgalli Gram Panchayat, challenged the order dated 23.03.2017 passed by the Deputy Director and Ex Officio Government Under Secretary, Department of Rural Development and Panchayat Raj, removing them as members of the respective Gram Panchayats under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The removal was based on an enquiry report submitted by the Karnataka Lokayukta. The petitioners contended that no show cause notice or opportunity of hearing was given to them before passing the impugned order, violating principles of natural justice. The respondents argued that the Lokayukta report itself constituted sufficient material and that the petitioners were given an opportunity during the enquiry. The court examined the provisions of Section 49 of the Act, which requires the government to give an opportunity of hearing to the member before removal. The court found that the impugned order did not record any opportunity of hearing having been given to the petitioners. The court held that the order was passed in gross violation of the principles of natural justice and the statutory mandate. Consequently, the court quashed the impugned order and directed the respondents to provide an opportunity of hearing to the petitioners before taking any further action. The writ petitions were allowed.
Headnote
A) Panchayat Raj - Removal of Members - Section 49 Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Natural Justice - Petitioners were removed as members of Gram Panchayat based on a Lokayukta report without being issued a show cause notice or afforded an opportunity of hearing - Court held that the order of removal is in gross violation of principles of natural justice and Section 49 of the Act which mandates an opportunity of hearing - Impugned order quashed (Paras 1-10).
Issue of Consideration
Whether the order of removal of the petitioners as members of Gram Panchayat under Section 49 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 is valid when no opportunity of hearing was afforded to them.
Final Decision
The writ petitions are allowed. The impugned order dated 23.03.2017 passed by respondent No.2 is quashed. The respondents are directed to provide an opportunity of hearing to the petitioners before taking any further action in the matter.
Law Points
- Principles of natural justice
- audi alteram partem
- Section 49 Karnataka Gram Swaraj and Panchayat Raj Act 1993
- removal of elected members
- opportunity of hearing
