Research › Search › Judgment

Karnataka High Court · body

2001 DIGILAW 490 (KAR)

Arockyadas alias Dass Chinnasavari v. State of Karnataka

2001-06-28

V.GOPALA GOWDA

body2001
ORDER V. Gopala Gowda, J.—These two writ petitions are filed by the President and Vice-President of Robertsonpet City Municipal Council seeking to quash the Notification No. UDD 32 MLR 2001 (28) issued by the Government under Section 13 of the Karnataka Municipalities Act, 1964. After the filing of these writ petitions, in view of the subsequent events that took place, viz., elections have already been held and results have been declared, these writ petitions have become infructuous. 2. The claim of the Petitioners that their term of office will come to an end on 2.8.2002 cannot be accepted. General election to the City Municipal Council was held on 1.6.1996 and the term of office commenced on 25.6.1996 when the first meeting was called. The five years term of office of the municipal council came to an end on 24.6.2001. When the primary councillorship of Petitioners itself came to an end, their office of President and Vice-President also came to an end automatically irrespective of their term of office in that position in view of Section 18(1)(a) of the KMC Act of 1964. In other words, without they being the councillors of the third Respondent-City Municipal Council, they cannot continue as President and Vice-President. In this view of the matter, the claim of the Petitioners is wholly untenable and the writ petitions are misconceived. 3. Writ petitions are dismissed.