Case Note & Summary
The writ petition was filed by the President and members of Allampura Gram Panchayat, Chickmagalur District, challenging their disqualification from membership under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The disqualification arose from a show cause notice dated 21.03.2018 alleging that the petitioners had received cheques from the Gram Panchayat either in their own names or in the names of their spouses, in violation of legal provisions. The petitioners replied, explaining that they had paid workers in advance because the workers lacked bank accounts, and later collected reimbursement cheques from the panchayat. The Additional Secretary of the Rural Development and Panchayat Raj Department passed the impugned order on 23.04.2019 disqualifying the petitioners. Aggrieved, the petitioners approached the High Court under Articles 226 and 227 of the Constitution, contending that the order was passed in violation of natural justice as no proper enquiry was conducted, their statements were not cross-verified, and records of the Gram Panchayat were not called for. They relied on several precedents including a Division Bench decision in Ajith Kumar v. State of Karnataka which emphasized the mandatory requirement of affording opportunity of hearing during enquiry. The respondents argued that the petitioners' statements were recorded on 06.02.2019, they admitted receipt of cheques, and they did not seek to adduce further evidence. The Court examined the original records and found that while statements were recorded, no cross-verification was done and no further questions were asked to test the explanation. It noted a previous similar case of Smt. Prema where disqualification was upheld on identical facts, and observed that petitioner No.2 had filed the complaint against her. Considering that a detailed enquiry was lacking and that Section 43-A had been amended to authorize the Regional Commissioner to conduct enquiries, the court set aside the impugned order and remitted the matter to the Regional Commissioner, Mysuru, for fresh enquiry with full opportunity to the petitioners. However, the court refused the petitioners' request to permit them to contest the ensuing elections, given their admission of having received the cheques. The petitioners' challenge to the constitutionality of Section 43-A was not pressed, and liberty was reserved to raise it in future proceedings. Thus, the writ petition was partly allowed, the disqualification order was quashed, and a fresh enquiry was ordered.
Headnote
A) Panchayat Law - Disqualification of Members - Section 43-A of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Enquiry Procedure - Disqualification requires strict adherence to natural justice including opportunity of hearing, recording statements, and cross-verification - Mere show cause notice and reply insufficient; detailed enquiry necessary before removing elected representatives - Held that the impugned disqualification order was vitiated for lack of proper enquiry and remitted for fresh consideration (Paras 3, 7-9). B) Panchayat Law - Disqualification - Admission of Receipt of Cheques - Section 43-A of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Effect on Future Candidature - Petitioners admitted receiving cheques in their names or spouses' names from Gram Panchayat, though explained as advance payment to workers - Held that despite remittance for fresh enquiry, the admission bars them from being permitted to contest ensuing elections (Paras 8, 11). C) Constitutional Law - Challenge to Section 43-A - Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Liberty Reserved - Petitioners initially challenged the provision but did not press the challenge during arguments on merits - Liberty granted to raise the challenge in future proceedings (Para 12).
Issue of Consideration
Whether the impugned disqualification order dated 23.04.2019 passed under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 was vitiated by violation of natural justice and lack of proper enquiry, and whether the matter requires reconsideration in light of insufficient cross-verification of the petitioners' statements.
Final Decision
The writ petition is partly allowed by setting aside the impugned disqualification order dated 23.04.2019 and remitting the matter to the Regional Commissioner, Mysuru, for conducting a fresh enquiry with full opportunity to the petitioners. The request to permit the petitioners to contest the ensuing elections is rejected. Liberty is reserved to challenge the validity of Section 43-A in future proceedings.
Law Points
- Legal points not extracted
- Strict adherence to natural justice in disqualification proceedings
- enquiry procedure under Section 43-A of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- necessity of cross-verification of statements and examination of records
- admission of receipt of cheques as bar to contest elections
- amendment to Section 43-A authorizing Regional Commissioner to conduct enquiry.
