Panchayat elections 2015 filing false declaration
Mr.A is a member of Grama Panchayat. And his father B was a Priest of a church and they used to stay at the quarters provided by the church.They applied for the tenancy rights under Karnataka Land Tribunal Act and which was rejected by the Tribunal. And at present the present Priest is staying in that House. Mr.A when he was Panchayat President using his position changed the Door no. of the house in his name.and which was challenged by the church Authorities and Executive officer, Taluk panchayat, Manalore has passed an ordr directing the Local panchayat to rectify the position after due enquiry.But Mr.A is very influential and close to local MA and Minister and Panchayat officials not actd upon the orders of EO. In he recently concluded GP elections he got elected.However in the declaration he has shown the house no of the house belonging to the Church as his property. Under the circumstances please advise how to proceed against Mr.A to nullify his membership and to prosecute him fo filing false declaration
Asked 2 years ago in Constitutional Law from Mangalore, Karnataka
1) making false declaration amounts to misconduct
2)you can file an election petition under your state panchayat rules against the candidate for making false declaration on oath
4)section 15 of karnataka panchayat raj act provides that petition should be filed before civil judge junior division on grounds mentioned in section 19 , 20 of the act
1. Mr.A has committed an electoral malpractice for which his election is liable to be set aside.
2. The election of A can be challenged in the High Court on the ground that he made a false declaration.