Case Note & Summary
The petitioners, Smt. Paravva Bandroli and Shivanand Hadimani, were the President and Vice President respectively of Kottur-Shivapur Gram Panchayat in Savadatti taluk, Belgaum district. They filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 28.05.2014 passed by the Deputy Commissioner, Belgaum (second respondent). By that order, the Deputy Commissioner removed them from their positions and appointed respondent No. 3, Basavarj L. Dalawai, as Administrator of the Gram Panchayat. The petitioners contended that the impugned order was passed without issuing any show cause notice or affording them an opportunity of hearing, thereby violating the principles of natural justice. The High Court examined the matter and found that the order was indeed passed without any prior notice or hearing. The Court observed that the Deputy Commissioner had acted in gross violation of natural justice. Consequently, the Court quashed the impugned order and directed that the petitioners be allowed to continue as President and Vice President of the Gram Panchayat until a fresh order is passed after giving them a reasonable opportunity of hearing. The writ petitions were allowed accordingly.
Headnote
A) Constitutional Law - Natural Justice - Right of Hearing - Removal of Office Bearers - Section 49 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The Deputy Commissioner passed an order removing the President and Vice President of a Gram Panchayat and appointing an Administrator without issuing any show cause notice or giving them an opportunity of hearing. The High Court held that such an order is in gross violation of principles of natural justice and cannot be sustained. (Paras 1-5) B) Panchayat Raj - Removal of President and Vice President - Administrator Appointment - Section 49 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - The impugned order dated 28.05.2014 passed by the Deputy Commissioner was quashed as it was passed without following the procedure prescribed under the Act and without affording any hearing to the petitioners. The Court directed that the petitioners be allowed to continue as President and Vice President until a fresh order is passed after giving them an opportunity of hearing. (Paras 4-5)
Issue of Consideration
Whether the Deputy Commissioner could pass an order removing the President and Vice President of a Gram Panchayat and appoint an Administrator without affording them an opportunity of hearing, in violation of principles of natural justice.
Final Decision
The writ petitions are allowed. The impugned order dated 28.05.2014 passed by the second respondent-Deputy Commissioner, Belgaum District, Belgaum (Annexure-A) is quashed. The petitioners shall be allowed to continue as President and Vice President of Kottur-Shivapur Gram Panchayat until a fresh order is passed after giving them an opportunity of hearing.
Law Points
- Natural justice
- right of hearing
- removal of office bearers
- Gram Panchayat
- Section 49 Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- writ jurisdiction
- Articles 226 and 227 of Constitution of India
