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{"id":240893,"date":"2020-12-18T11:14:07","date_gmt":"2020-12-18T05:44:07","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=240893"},"modified":"2020-12-25T11:54:32","modified_gmt":"2020-12-25T06:24:32","slug":"kar-hc-interpreting-the-term-enquiry-under-s-43a-of-karnataka-panchayatraj-act-1993-court-lays-strict-emphasis-on-procedural-compliance-before-any-state-action-of-removal-petiti","status":"publish","type":"post","link":"https:\/\/blog.scconline.gen.in\/post\/2020\/12\/18\/kar-hc-interpreting-the-term-enquiry-under-s-43a-of-karnataka-panchayatraj-act-1993-court-lays-strict-emphasis-on-procedural-compliance-before-any-state-action-of-removal-petiti\/","title":{"rendered":"Kar HC | Interpreting the term \u2018enquiry\u2019 under S. 43A of Karnataka Panchayatraj Act 1993, Court lays strict emphasis on procedural compliance before any State Action of removal; Petition allowed"},"content":{"rendered":"\n
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Karnataka High Court: <\/strong>A Division Bench of G. Narendar and M.I. Arun JJ., allowing the present petition, discussed the meaning, scope and ambit of the word \u2018enquiry\u2019 and provisional application of Section 43-A of the Karnataka Panchayatraj Act, 1993.<\/p>\n

Background<\/strong><\/span><\/p>\n

A complaint was lodged against the petitioners before Lokayukta, on the ground of misconduct in the discharge of official duties (allowing alleged wrongful construction). The Upalokayukta (3rd<\/sup> Respondent) registered a case and conducted an investigation under Section 9 of the Karnataka Lokayukta Act, 1984. During investigation, the petitioners intimated that the Assistant Executive Engineer of the Public Works Department (PWD) had failed to respond to the panchayat letter dated 03-07-2014 and as it had neither rejected nor granted the NOC, for the proposed construction and as there was an unnecessary and unwarranted delay on the part of the PWD, the council passed a resolution granting the proposal unanimously. Following the said event, the Lokayukta submitted a report under Section 12(3) of the Lokayukta Act and further directed action under Section 48(4) of the Karnataka Panchayatraj Act, 1993. Thereafter, the 2nd<\/sup> respondent passed the impugned order, invoking Section 43-A of the aforementioned Act.<\/p>\n

Issue<\/strong><\/span><\/p>\n

Whether there is compliance with the provisions of Section 43-A(1) of the Karnataka Panchayatraj Act, 1993 in the process of passing the impugned order, thereby removing the petitioners not only from their respective offices but also from the membership of the Gram Panchayath?<\/p>\n

Relevant Provisions of the Karnataka Panchayatraj Act, 1993<\/strong><\/span><\/p>\n