Case Note & Summary
The petitioner, Smt. Palakshamma, was elected as a Taluk Panchayat Member of Davangere Taluk Panchayat. On 12.11.2013, one Sri. Chinnasamudra Shekar Naik filed a complaint before the Karnataka State Election Commission alleging that ever since the petitioner became a member, her husband G.N. Sangappa and her brother H.B. Shivamurthy were repeatedly being given contracts for carrying out works under the Gram Panchayat. Based on this complaint, the Election Commission passed an order dated 13.02.2015 disqualifying the petitioner as a Taluk Panchayat Member. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India, primarily on the ground that she was not served with any show cause notice before the order of disqualification was passed, thereby violating the principles of natural justice. The court examined the records and found that the petitioner had not been given any opportunity of hearing. The court held that the impugned order was passed in gross violation of natural justice and could not be sustained. Consequently, the court quashed the order dated 13.02.2015 and remitted the matter back to the Karnataka State Election Commission for fresh consideration, directing that the petitioner be issued a show cause notice and be given an opportunity of hearing before any order is passed.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Show Cause Notice - Karnataka Panchayat Raj Act, 1993, Section 12(1) - The petitioner was disqualified as Taluk Panchayat Member without being served a show cause notice. The court held that the order violated principles of natural justice as the petitioner was not given an opportunity to explain. The impugned order was quashed and the matter remitted back for fresh consideration after issuing notice to the petitioner. (Paras 3-5) B) Election Law - Disqualification of Member - Karnataka Panchayat Raj Act, 1993, Section 12(1) - The complaint alleged that the petitioner's husband and brother were repeatedly given contracts. The Election Commission disqualified the petitioner without notice. The court found that the order was passed in violation of natural justice and set it aside. (Paras 2-5)
Issue of Consideration
Whether the order of disqualification passed by the Karnataka State Election Commission without serving a show cause notice to the petitioner is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 13.02.2015 passed by the Karnataka State Election Commission is quashed. The matter is remitted back to the Karnataka State Election Commission for fresh consideration. The petitioner shall be issued a show cause notice and be given an opportunity of hearing before any order is passed.
Law Points
- Natural Justice
- Right to be heard
- Show cause notice
- Disqualification of elected member
- Section 12(1) Karnataka Panchayat Raj Act
- 1993
