Karnataka High Court
G Dharmavathi W/O G Panchanna vs State Of Karnataka on 24 March, 2011
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 247 DAY OF MARCH 2001 - BEPORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY. WRIT PETITION Nos. 62342: 6234 4/2611 (LB-RES) : BETWEEN: SMT, GC DHARMAVATHE W/O G PANC HANN IA AGE ABOUT 24 YEARS, > PRESIDENT GRAMAPANCH/ AYATI H SOM: ASAS AU DRA, R/Q SOMASAMUDRA, OS BELLARY TALL KAS AN) Do srRict. - Da Oat _ PETITIONER (BY SRI. Wi NA DAR, ADWAD i. STAPE OF KARNATAKA. © REP: BY PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATH RAJ MIDEANA SOUDHA, BANGALORE- 2, axe [EF EXECUTIVE OFFICER 6 ZILLA PANCHAYATH, BELLARY. HE EXECUTIVE OFFICER "TALUK PANCHAYATH, BELLARY. THE PANCHAYA' S (DEVE SLOPMIENT OFFICER r ty - "GRAMAPANCHAYATH, SOMASAMUDRA ~AAPELLARY. Io oe S. ASSISTANT ACCOUN va ORFICER TALUK PANCHAYATH, BELLARY. 6. THE GRAMA PANCHAYATH SOAMASAMUDRA . BY ITS SECRETARY, -- SOAMASAMUDRA, BELLARY. a A REGS pe ONDIENTS (BY SRI. C.S PATIL, AGA FOR BLT) THIS WP FILED UNDER ARTICLES, 226 .& 227 OF CONSTITUTION OF INDIA IS PRAYING TO A. CALL FOR RECORDS. FROM TH ie OFFIC & OF THE SNe NO.3. me an OQUASH THE ORDER D, ATED! £ 1/02) 301 } PASSED BY seb RESPONDERT PRODUCED. OAND. "MARKED AS ANNEXURE-G.0 . DIRECT THE RESPONDE ENS TNO Al ND 3 TO CONSIDER 'HE REPRE SENTA Tl ON AT ANNEXURE S-C AND D. THESE 'pe nit NS CON ING ON FOR ORDERS THIS DAY, THE COU RP MA ADE THE FOLLOWING: Perl pioner _ meriber of the Gram Panchayat elected "duiting the year 2010, claims to be elected as the President af cae said, - Pa schayat, aggrieved by the order dated §10/2/ 2001, Annexure-G of the Executive Officer. Taluk "Pe ne chay: at, Bellary, respondent No.3, withdrawing powers ot eh aaah ed pyet ae Mey ome wingeerpime Pare eysmemt oof crsmevs c , tne petoner CO SigMm Cneques for GaAVETLCTit of Momeys Que unemployed th engaged under the Mahatma Gandhi Nauional Rural Employment Guarantee Scneme under 'the National Rural Employment Guarantee Act 2005;. has» 2. Phe Chief Executive Officer, Bellary District, havine been directed to be present learned Government Advocate identifies the said person and with reference to the records submits thatthe petitioner havine mot fo signed cheques for pevment to unernploved Sar BE ee ood re anes Os . der the. alaresaid scheme led the *¢ vo lodge a complaint with the 3 Respondent whe in turn addressed a letter to the District Programmme Coordinator.-.none other than the Chief Executiv -Programmme officer cum . responcdenr PabR Panic withdrew the power of the petitioner to rs ce, tric order Anmexture-(. 2. ib is no doubt truce that under section 15 of the Act, 2OOS for short 'NREG Act" the Executive Officer of the Taluk Panchayat is the Programmme Officer required to ensure monitoring, oe oroiects, prompt and fair payment of wages fo all labourers» pre AY i bet s a mit emploved under a programme of the scherne,;.within the Block, fer which purpose the President at the Panchayat concerned ought to. eft ect'. pavine Ot WARES through cheque. The [execu tive 7a) fieer Taluk Panchayat, 3 functions under the Karnataka PanchayatR short KPR Act. The powers ohne "Orn cer under APR Act are in Section I Se whi Moree vad: thas: Officer and other olficers and of Ticiale-(1i save as oLnerwise + expressly provided by or under this Act). cceulive Officer shall perform the e following functions." powe rS specifically imposed or safer upore him by or nder.any other law jor the time ho}. Cortro) the icers and official Panchayat subrect to the anc control of tne such rules as may o¢ a we all duties imposed and exercise al [bbpe conferred on him under this Act ar cl Supervise and control the execution of all works of the Taluk Panchayat: Take necessary measures for the : developmental ~ os Jott execution of all works £ achemes of the Taluk Panch: €} Have custody of all papers anc he proces ocdings of the. me COMmnne i ed i ychayat and ai its C cusimittee of the Taluk Par f Draw and dis sburse. fronies out of the Panchavat fund: and © ee ra =
vasing ok Exercise § uch 'at her os
2) The Executive C faluk Panchayat ® meeting of any 'Com discussion bute:
resobution..or "to vere. | Officer -any Peoporal or resolution bel "onumibtes.or any order ye twith the provisions of ihis Act oe order made thereunder or any rudwet provision or is in deroga tian of he .fight to attend the ee tnereo ec and to take part in the have: the right to move any is if in the Op "umion of the Executive ore othe Taluk caEys Panchayat or ig violative of, ¢ or any other law Cop financial regulation or ki 3 powers of the Taluk Pancha:
waksha, it shall be the duty of the _Panchas vat or th the fanctons EO adivise the Adhyaksha if Sasons for hi 1 of a written note ap the regulauion or ye gesohution or order proposal or resolution or order has been COr i the Taluk Panchayat or the commit before such advise is tendered, the it 4 on ar o crate oe propos:
examination «48 me the Taluk Panchayat or any of its committees or the sseg the reso ution cr order wit [ re sney referred to in sub-section (2) I | duty of the Executive Officer, not withstandir provisions im this Act, to forward forthwith to. t! Executive Officer under intimation to the ¢ A Adhyaks : DY of the said reseluition or wrder
3. Section LS of the "for oe Executive Officer to requisition s fromcevery person in possession of moneys,. acceun! 5, record or property pertaining to a Gram Pank c shavat who shall i scolimis. records or other forthwith handover "stich moneys, :
property to the 'sons authorised Subsection (4) im the requisitier of Section 15% provides for Executive Offic > the Chie? Executive Offices petitioner that she and willing to sign chequcs so as to all the persons ernp!
-séheme, mis the case of the tnird respondent-Pragramme spetitioner did mat sien the cheque for payrnent of wages, wl despite request. The Panchayat Development Officer's, complaint when forwe rded to the District Programme Co- ordinator Chief Executive Officer, permitted. ..the, . empowered in the matter of requisition of. morievs, accounts, records etc. form the Gram Pancnayat fo withdraw the power of the President of the Gram Panchayat "to, sign cheque was invoked.
5 The jurisdiction cr che: Programme Officer cum Taluk Executive offices under the: two Acts namely NREG and KPR Act ake distinct and separate, since under NREG Act the Programmme Officer . is required to ensure payment af Wages to "persons 'employed under the prograrn of the : -schenie, while as at aluk Executive Officer under the KPR AGE is. inivesied "with 'the: power to requisition accounts moneys ete. from the Gram Panchayat. | .
laving regard to "the: nature of - duties .to. be.
"performed. bys the 3. respondent under 'the two. separate statutes, though overlap. One another, in' the s fo ali labourers employed under ensuring payment of wa a scheme, in terms of NERG Act the third respondent exercised power possibly under Section 137 of the "KPR Act - nevertheless, did not cause prior over the complaint of the Panchayat! A rn n nex wre-G es of natural guffers from the vice of. violation. of JUSTICE, @ In thercirésamstances; erids of-justice would be met ff the order:-Anuéxure-<), iS read down as a show cause notice (oO the: petitioner, calling upon her to furnish an explanation, wheréafier:. (ne - third respondent Executive at to pass order thereon, Office He writ petition is allowed in part. The Annexure-G of the third respondent / cause notice entitling the petitioner to file an explanation. The third respondent to furnish cupy ~ pf the complaint of the Panchayat Development Officer _ to the petitioner, On receipt of the explanation, the third respondent is directed to exercise jurisdicuon under Section Lov 3 KPR Act and pass orders in accordance with law, 1Q. Learned Grovernmeni Advoeate : subre i 5 that petitioner's representations An nexures-G 'and | bp would be considered by the third respondent and action "taker! in accordance with law, if granted : reasonable ime. Hence second rehef tor nothing survives for consideration over.t mandamus.