( 1 ) THE petitioner is working as superintendent in Ilubli Dharwar Municipal corporation. His next promotion in the corporation is to the cadre of the assistant Commissioner. He has challenged in this petition, the validity of the tules framed by the State government under S. 421 of the karnataka Municipal Corporations Act, 1976 (The Act" ). His main grievance is that there was no reasonable opportunity for him and other like employees to put forward their objections or suggestions against the draft of the rules published by the Government. ( 2 ) A few more facts are necessary to be stated to appreciate the contention urged for the petitioner. The state Government wanted to have uniform rules regulating the conditions of service of all the employees of the corporations established in the State. In that view, the draft rules called 'the karnataka Municipal Corporations rules, 1977" made under S. 421 of the act were published in the Karnataka, gazette (Exy.) dated 28th October, 1977 under Notification No. HMA 270 MNU 77 dated 27th October, 1977. By the no ification, the objections or suggestions were invited from persons likely to be affected thereby on or before the 7th of November, 1977. ( 3 ) BUT copies of the Gazette publishing the draft rules were not made available to the public till 3rd of November 1977. That is evident from the rules published in the Karnataka Gazette (Exy.) dated 22nd December, 1977 under notification No. HMA. 270 MNU. 7 dated 19th December, 1977. The preamble to the said notification (Ext. 'c') reads, as follows: -"bangalore, Thursday, December 9 1977. Pushya 1, Saka Era 1899. Housing and Urban Development secretariat, Notification No. HMA 270 mnu 77 Bangalore, dated 19th december, 1977 G. S. R. 390-Whereas the draft of the Karnataka Municipal corporation Rules, 1977 was published as required by sub-section (1) of section 421 of Ae Karnataka municipal Corporations Act, 1976 (Karnataka Act No, 14 of 1977) in, the notification No. HMA 270 MNU 77 dated 27th October, 1977 (GSR 324 in part IV 2-c (i) of the Karnataka gazette dated 28th October, 1977 inviting objections and suggestions from all persons likely to be affected thereby beiere 7th November, 1977. Whereas the said Gazette was made, available on 3rd November, 1977: whereas the objections and suggestions leceived on the said draft have been considered by the Government. Whereas the said Gazette was made, available on 3rd November, 1977: whereas the objections and suggestions leceived on the said draft have been considered by the Government. Now, therefore, in exercise of the powers conferred by section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No. 14 of 1977), the Government of karnataka hereby makes the following rules, namely :--- -. . . . . . . . "it is seen from these dates of publications of the draft and the final rules, there was not more than four days for filing objections or suggestions by persons likely to be affected thereby. ( 4 ) IT was urged for the petitioner that he came to know of the publication of the rules only after the last date set down for filing objections and since there was no reasonable opportunity for him to file objections, the rules must be declared void. He is, however, not aggrieved by the entire set of rules framed by the Government. He is only concerned with the rules found in chapter VI by which the existing pattern of promotion and appointment in his corporation has been altered. Under the existing rules, he is eligible, for promotion as Assistant commissioner. The post of Assistant commissioner could now be filled up also by deputation 01 a K. M. A. S. officer of the rank of Municipal Commissioner, grade II. Likewise, the petitioner's further promotion is also affected by the impugned rules. ( 5 ) THE only question that requires to be considered is, whether it was obligatory for the State Government to have afforded adequate opportunity to persons who are likely to be affected before finalising the rules, S. 421 which confers power on the State Government to make rules, does not specifically provide for giving such opportunity. It states that the Government may, after previous publication, by notification make rules to carry out the purposes of the Act. Since it is provided that the Government could make rules only after previous publication, the procedure of previous publication provided under S. 23 of the mysore General Clauses Act, 1899 would be automatically attracted. The said section 23 reads:"23. It states that the Government may, after previous publication, by notification make rules to carry out the purposes of the Act. Since it is provided that the Government could make rules only after previous publication, the procedure of previous publication provided under S. 23 of the mysore General Clauses Act, 1899 would be automatically attracted. The said section 23 reads:"23. Provisions applicable to making of rules or bye laws after previous publication.-Where, by any enactment a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then, the following provisions shell apply namely: - (1) the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby: (2) the publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the Government prescribes; (3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (4 ). . . . . . . . . . (5) the publication in the Gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made. "it is seen from these provisions that the State Government ought to publish a draft of the proposed rules for the information of persons likely to be affected thereby specifying a date on or after which the draft will be takeninto consideration so that all such persons may put forward their objections or suggestions. The objections filed within the prescribed time, shall receive attention of the rule making authority. It is needless to state, therefore, that the persons likely to be affected by the promulgation of the rules, must have reasonable opportunity to go through the draft rules and file objections, or suggestions. ( 6 ) IN the instant case, there was evidently no such opportunity to the petitioner. It is needless to state, therefore, that the persons likely to be affected by the promulgation of the rules, must have reasonable opportunity to go through the draft rules and file objections, or suggestions. ( 6 ) IN the instant case, there was evidently no such opportunity to the petitioner. The draft rules published by the State were made available to the public orly on 3rd November, 1977 and the last date prescribed for filing objections or suggestions was on 7th, november, 1977. One does not know whether the copies of the Gazette were made available throughout the State on 3rd November, 1977. Even if it was so, a short period of 4 days given for filing objections or suggestions as against the host of rules was really a denial of reasonable opportunity to persons likely to be affected thereby. The opportunity to be afforded should be adequate and reasonable and should not be a sham, nominal or illusory. ( 7 ) IN the result, the rule is made absolute. There shall be a direction against the respondents restraining them from enforcing Chapter VI of the karnataka Municipal Corporations rules, 1977 to the employees of the hubli-Dharwar Municipal Corporation, hubli. Liberty, however, is reserved to the respondents to make fresh rules in accordance with law. ( 8 ) IN the circumstances of the case, i make no order as to costs. --- *** --- .