Case Note & Summary
The petitioner, B.N. Krupananda, a member of Basavanahalli Grama Panchayat, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of show cause notices dated 01.01.2016 and 06.02.2016 issued by the Deputy Director and Ex-Officio Under Secretary to Government, Rural Development and Panchayat Raj Department. The notices called upon him to show cause as to why sanction for construction of a Function Hall was issued by him when he was Adhyaksha of the Grama Panchayat during his previous term in 2005-10. The petitioner had been re-elected in 2015 after a gap of five years. The court found that the notices were issued after an unexplained delay of five years, which was unreasonable and not in consonance with the requirement of a reasonable opportunity under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The court quashed the notices, holding that the delay and laches vitiated the proceedings.
Headnote
A) Administrative Law - Delay and Laches - Show Cause Notice - Section 43A Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The court considered whether a show cause notice issued after a lapse of five years from the alleged irregularity, without any explanation for the delay, is sustainable. Held that such a notice is liable to be quashed as it suffers from delay and laches and is not a reasonable opportunity as contemplated under the Act (Paras 1-5).
Issue of Consideration
Whether a show cause notice issued after a lapse of five years from the alleged irregularity, without any explanation for the delay, is sustainable under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993?
Final Decision
The writ petition is allowed. The impugned show cause notices at Annexures-A and B dated 01.01.2016 and 06.02.2016 are quashed.
Law Points
- Delay and laches
- Reasonable opportunity
- Show cause notice
- Section 43A Karnataka Gram Swaraj and Panchayat Raj Act 1993
- Articles 226 and 227 Constitution of India
Case Details
2016 LawText (KAR) (11) 33
Writ Petition No.8988 of 2016 (LB-RES)
Dr. Justice Vineet Kothari
Sri Nagarajappa A. for Petitioner, Sri V. Sreenidhi, AGA for Respondents
The Secretary, Rural Development & Panchayath Raj Department and anr
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging show cause notices issued under Section 43A of Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Remedy Sought
Quashing of show cause notices dated 01.01.2016 and 06.02.2016 issued by the Deputy Director and Ex-Officio Under Secretary to Government.
Filing Reason
The petitioner, a member of Basavanahalli Grama Panchayat, received show cause notices for alleged irregularity in sanctioning construction of a Function Hall during his previous term as Adhyaksha in 2005-10, after a lapse of five years.
Issues
Whether the show cause notice issued after a lapse of five years from the alleged irregularity is sustainable under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993?
Submissions/Arguments
Petitioner argued that the notice was issued after an unexplained delay of five years, which is unreasonable and not a reasonable opportunity as required under Section 43A.
Respondents argued in support of the notice, but the court found no explanation for the delay.
Ratio Decidendi
A show cause notice issued after an unexplained delay of five years from the alleged irregularity is not a reasonable opportunity as contemplated under Section 43A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, and is liable to be quashed on the ground of delay and laches.
Judgment Excerpts
The petitioner held the office of the `Adhyaksha’ of said Grama Panchayat upon being elected in the election to the Grama Panchayat in the year 2005-10 and after a lapse of five years, he was again re-elected to the said Grama Panchayat in the elections held in the year 2015.
The notices called upon him to show cause as to why sanction for construction of a Function Hall was issued by him when he was a `Adhyaksha’ of said Grama Panchayat during his previous term in the year 2005-10.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru challenging show cause notices dated 01.01.2016 and 06.02.2016. The court heard the matter and passed the order on 30.11.2016.
Acts & Sections
- Karnataka Gram Swaraj and Panchayat Raj Act, 1993: Section 43A
- Constitution of India: Articles 226, 227
