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1980 DIGILAW 168 (KAR)

VISHWANTAHA AKHANDAPPA v. STATE OF KARNATAKA

1980-07-22

K.A.SWAMI

body1980
( 1 ) IN this petition under Art. 226 of the constitution the petitioners have challenged the validity of the notification dated 16th Nov. 1979 bearing No. HUD 214 tml 79. issued by the first respondent in exercise of the powers under 8. 315 (1) of of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act ). ( 2 ) THE petitioners 1 and 2 were the chairman and Vice-Chairman respectively, of the erstwhile Town Panchayat committee, Jewargi. Petitioner-3 and respondents 3 to 12 were the members of the said Town Panchayat Committee. In view of the increase in the population of the town of Jewargi, the first respondent, in exercise of the powers under S. 3 of the act, converted the Town Panchayat Committee, Jewargi into the Town Municipal council by a notification dated 31-10-1974 bearing No. HMA 95 TML 72 published in the Official Gazette dated 2-11-1974 (Ex. A ). Thus, the Town Panchayat Committee, Jewargi, became the Town Municipal council by reason of the aforesaid notification. The Chairman and the Vice- chairman and the members of the Town panchayat Committee, Jewargi by virtye of the provisions contained in S. 357 (b) of 1 he Act, became the President, the Vice- president and Councillors respectively of the Town Municipal Council. Subsequently, by the impugned notification dated 16th November 1979 (Ex. C) the state Government in exercise of the powers under sub-section (1) of S 315 of the Act has appointed the Tahsildar of the taluk as the Administrator of the Town Municipal Council, Jewargi, on the ground that the election to the said Municipal Council could not be held within one year from the date of the constitution of the interim municipal Council. ( 3 ) OF course, certain allegations of mala fides have been made in the writ petition against the then Ministers-Sri mallikarjun Kharge and Sri Devendrappa ghalappa, but during the course of argument, Sri Ron, the learned Counsel for the petitioners, withdrew all the allegations of mala fides, therefore, it is not necessary to consider the same. ( 3 ) OF course, certain allegations of mala fides have been made in the writ petition against the then Ministers-Sri mallikarjun Kharge and Sri Devendrappa ghalappa, but during the course of argument, Sri Ron, the learned Counsel for the petitioners, withdrew all the allegations of mala fides, therefore, it is not necessary to consider the same. ( 4 ) SRI V. H. Ron, the learned Counsel for the petitioners submitted that the impugned notification is without the authority of law inasmuch as none of the circumstances enumerated in sub-section (1)of S. 315 cf the Act existed so as to enable the State Government to appoint an administrator; that the term of the interim municipal Council has not expired. ( 5 ) AS already pointed out, by reason of conversion of Panchayat into Town municipal Council by virtue of S. 557 (b) of the Act, the interim Municipal Council consisting of persons vacating office as members of the Village Panchayat and the Chairman and the Vice-Chairman of the Village Panchayat respectively become the Councillors and the President and vice-President of the interim Municipal council. Accordingly, Petitioners 1 and 2 came to be statutorily, continued as the president and the Vice-President of the interim Municipal Council and petitioner 3 and respondents 3 to 12 as the Councillors. The term of office of the Councillors of the municipal Council as provided by s. 358 (2) of the Act expires on the date immediately preceding the date of the first meeting of the new Municipal Concil. Under S. 358 (1) of the Act the State Government is required to take steps for holding elections for constituting a new Municipal Council within one year of the constitution of the interim municipal Council. But, the State Government does not appear to have taken steps for holding the election; but that does not in any way affect the term of office of the interim Municipal Councillors. In the case of interim Municipal Council coming into existence by reason of conversion of panchayat into Municipality the term of the office of the interim Municipal Councillors comes to an end only on the date immediately preceding the date of the first meeting of the new Municipal Council as stated in S. 358 (2) of the Act. Therefore, the interim Municipal Council continues to function until the first meeting of the newly elected Municipal Council takes place. Therefore, the interim Municipal Council continues to function until the first meeting of the newly elected Municipal Council takes place. Therefore, it was not a case where either any general election to a Municipal Council under the Act or any proceedings con- sequent thereon were stayed by an order of a competent court or authority nor the election of all the Councillors or more than two-thirds of the whole number of councillors of the Municipal Council has been declared by a competent court or authority to be void. It was also not a case in which the term or the extended term of the Municipal Council can be said to have expired. The term of office of the interim Municipal Councillors, as already pointed out, continues till the previous day of the date of the first meeting of the new Municipal Council and that can happen only when the elections are held. The failure on the part of the State government to hold elections for electing new Municipal Councillors does not enable the State Government under S. 315 (1) of the Act to appoint the Administrator unless the term of office of the Municipal councillors has also expired. In the case of interim Municipal Council coming into existence by reason of conversion of Panchayat Committee into Town Municipal council, the term of office of the interim municipal Councillors continues until the elections are held and the first meeting of the new Municipal Council takes place. That being so, there was no power vested in the State Government under S. 315 (1) of the Act to appoint the Administrator to the interim Municipal Council, Jewargi. Consequently, it follows that the impugned notification dated 16-11-1979 (Ex-C) issued by the first respondent is without the authority of law and as such it is without jurisdiction. Accordingly, the writ petition is allowed and the impugned notification bearing No. HUD 214 TML dated 16-11-1979 (Exhibit-C) issued by the first respondent is hereby quashed. Rule is made absolute. ( 6 ) SHRI M. H. Motigi, the learned High court Government Pleader is pernitted to to file his memo of appearance on behalf of respondents 1 and 2 in six weeks, if the same has not already been filed. --- *** --- .