article 237
Power of suspending execution of unlawful orders or resolution.
The Karnataka Gram Swaraj and Panchayat Raj Act, 1993Chapter XVI Chapter XVI
237. Power of suspending execution of unlawful orders or resolution. - (1) If in the opinion of the 1[Adhyaksha of Taluk Panchayat]1, the execution of any order or resolution of a Grama Panchayat or any order of any authority or officer of the Grama Panchayat or the doing of anything which is about to be done, or is being done, by or on behalf of a Grama Panchayat 2[other than law full resolutions and decisions taken by the author ities specified in section 64, 70, 113 and 269 of this Act]2 is unjust,, unlawful or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, he may by order suspend the execution or prohibit the doing thereof. (2) When the 1[Adhyaksha of Taluk Panchayat]1 makes an order under sub -section (1), he shall forthwith forward to the 1[Adhyaksha of the Zilla Panchayat]1 and the Grama Panchayat affected thereby a copy of the order with a statement of the reasons for making it, and the 1[Adhyaksha of the Zilla Panchayat]1 may confirm or rescind the order or direct that it shall continue t o be in force with or without modification permanently or for such period as he thinks fit: Provided that no order of the 1[Adhyaksha of Taluk Panchayat]1 passed under sub - section (1) shall be confirm ed, revised or modified by the 1[Adhyaksha of the Zilla Panchayat]1 without giving the Grama Panchayat concerned a reasonable opportunity of showing cause against the proposed order. (3) If in the opi nion of the 1[Adhyaksha of the Zilla Panchayat]1, the execution of any order or resolution of a Taluk Panchayat or any order of any authority or officer of the Taluk Panchayat or the doing of anything which is about to be done, or is being done, by or on behalf of a Taluk Panchayat is unjust, unlawful or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace he may by order suspend the execution or prohibit the doing thereof. (4) When the 1[Adhyaksha of the Zilla Panchayat]1 makes an order under sub -section (3), he shall forthwith forward to the Government and the Taluk Panchayat affected thereby a copy of the order with a statement of the reaso ns for making it, and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: Provided that no order of the 1[Adhyaksha of the Zilla Pa nchayat]1 passed under sub - section(3) shall be confirmed, revised or modified by the Government without giving the Taluk Panchayat concerned a reasonable opportunity of showing cause against the proposed order. 161 (5) If 1[x x x]1 the Government is of the opinion that execution of any order or resolution of Zilla Panchayat or the doing of anything which is about to be done, or is being done by or on behalf of a Zilla Panchayat is unjust, unlawful or impro per or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may, by an order suspend the execution or prohibit the doing thereof. (6) When the Government makes an order under sub -section (5), it shall forthwith forward to the Zilla Panchayat affected thereby a copy of the order with a statement of reasons for making it and the Government may confirm or rescind the order or direct that it shall continue t o be in force with or without modification permanently or for such period as it thinks fit: Provided that no order under this sub -section shall be passed by the Government without giving the Zilla Panchayat concerned, a reasonable opportunity of showing cause against the said order.
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