Case Note & Summary
The petitioner, Sri Sathish K., was the President of Grama Panchayath, Ithoor, Sunkatadatte Village, Puttur Taluk, Dakshina Kannada District. He was removed from the post by an order dated 14.09.2016 passed by the Deputy Director and Designated Under Secretary, Department of Rural Development and Panchayath Raj, State of Karnataka (Respondent No.1). The petitioner challenged this removal order by filing a writ petition under Articles 226 and 227 of the Constitution of India. The main ground of challenge was that the removal order was passed in violation of principles of natural justice as no proper enquiry was conducted and no reasonable opportunity of hearing was afforded to him. The court examined the impugned order and noted that the order itself mentioned that a notice was issued to the petitioner for enquiry and that he was present for oral enquiry on 30.5.2016 and 13.6.2016. However, the court found that the order did not disclose any findings or reasons for removal, nor did it indicate that the petitioner was given a fair chance to defend himself. The court held that the removal of an elected representative is a serious matter and must be done in accordance with law, following the principles of natural justice. Since the impugned order was passed without proper enquiry and without affording reasonable opportunity of hearing, it was liable to be quashed. The court allowed the writ petition, set aside the removal order, and directed the respondents to reinstate the petitioner as President of the Grama Panchayath, but clarified that this order would not preclude the respondents from initiating fresh proceedings in accordance with law, if so advised.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Challenge to removal order - Petitioner challenged order of removal from post of President of Grama Panchayath - Court held that the impugned order was passed without proper enquiry and without affording reasonable opportunity of hearing, violating principles of natural justice - Order quashed (Paras 1-10). B) Panchayati Raj - Removal of President - Section 42 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Enquiry and opportunity of hearing - The respondent authority passed removal order without conducting proper enquiry and without giving adequate opportunity to the petitioner - Court held that such order cannot be sustained and set aside the same (Paras 5-10).
Issue of Consideration
Whether the order of removal of the petitioner from the post of President of Grama Panchayath was passed in violation of principles of natural justice and without proper enquiry?
Final Decision
The writ petition is allowed. The impugned order dated 14.09.2016 (Annexure-P) is quashed. The respondents are directed to reinstate the petitioner as President of Grama Panchayath, Ithoor, Sunkatadatte Village, Puttur Taluk, D.K. District. However, this order shall not preclude the respondents from initiating fresh proceedings in accordance with law, if so advised.
Law Points
- Natural Justice
- Audi Alteram Partem
- Removal of Elected Representative
- Section 42 Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
