Assets not declared; HC disqualifies Panchayat

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has refused to set aside the disqualification of a panchayat member after she failed to file the details of her assets within the stipulated time.

The Court refused to believe her contention that she was unable to file the statement due to the Covid pandemic.

“The justification now being sought to be made by learned counsel for the petitioner that due to covid pandemic, the declaration could not be filed, in my considered opinion, is not sustainable, inasmuch as the petitioner being a member of a Gram Panchayat, cannot claim covid pandemic as an excuse when all elected members and government officials are functioning,” Justice Suraj Govindaraj said in his judgement dismissing the petition filed by Lalita Bai, the Gram Panchayat Member of Mogha Gram Panchayat, Aland, Kalaburagi.

The Court noted that the Karnataka State Election Commission (KSEC) had issued her a notice on December 31, 2021 giving her an opportunity to file a declaration on an online mode but she had not utilized it.

“What was only required for the petitioner was to submit a declaration to the Panchayat Development Officer of the Panchayat in which the petitioner was elected, which was also not done by the petitioner. Hence, the ground of covid pandemic cannot justify the action of the petitioner,” the Court said.

Lalita Bai had approached the HC with a petition challenging the KSEC disqualification order issued on February 14, 2022. She was elected to the Mogha Gram Panchayat on December 22, 2020.

Her disqualification was a result of the noncompliance with the requirement of Section 43B of the Karnataka Gram Swaraj and Panchayat Raj Act. Under the provision the elected member within three months from the date of being elected and assuming office should file a declaration of movable and immovable assets and liabilities of more than two lakhs owned by him/her and by all the members of his/her joint family.

Lalita Bai was required to file her declaration before April 18, 2021 which she failed to do. Notices were issued to her on December 12, 2021 and after she failed to reply, she was disqualified on February 14, 2022.

In her petition before the HC, apart from the excuse of the Covid pandemic, Lalita Bai also claimed that she was not given an opportunity of hearing before she was disqualified.

The HC rejected this contention also. The Court said, “In the present case, there being a statutory obligation on a member to file a declaration of movable and immovable assets and liabilities of more than two lakhs owned by him/ her or members of his/ her joint family within two months of assuming office, if the same were not to be filed, then the question of providing a hearing would not arise.

A hearing can only be provided if cause is shown for belated filing.”

(WP 200760/2022)