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2007 DIGILAW 14 (KAR)

RAMASWAMY RAJU S/O LATE VENKATA RAJU v. STATE OF KARNATAKA

2007-01-04

RAM MOHAN REDDY

body2007
RAM MOHAN REDDY, J. ( 1 ) THE Grama Panchayat of Kothanur within whose territorial limits, the petitioner was an ordinary resident, when merged with the City Municipal Council, Bommanahalli, (for short 'cmc'), by notification issued by the State Government under the provisions of the Karnataka Municipalities Act, 1964 (for short 'act), was nominated as an additional Councilor of the CMC by order dated 22-06-2005 Annexure-"a" of the State Government, in exercise of power under Section 360 (d) of the Act. It is the allegation of the petitioner that the State Government by order dated 15-02-2006 Annexure-"b" cancelled the nomination when reconstituting the CMC, in accordance with law. Hence, this petition. ( 2 ) THE petition is opposed by filing Statement of objections dated 16-12-2006 of Respondents 1 to 3, interalia contending that the nomination of the petitioner by the order Annexure-"a" was only until further orders and during the pleasure of the Government and the cancellation of the nomination by the order impugned is legal, valid and sustainable. ( 3 ) HAVING heard the learned Counsel for the parties, perused the pleadings and examined the order impugned, the only question that arises for decision-making is, 'whether the nomination of a person as an additional Councillor of the Municipal Council, one made by the State Government in exercise of power under Section 360 (d) of the Act, is until the re-constitution of the Municipal Council?' ( 4 ) THE consequences of inclusion in a smaller urban area, of any part of an area within the limits of a Grama Panchayat, are provided for in Section 360 of the Act, of which the nomination of a person as an additional Councillor of the Municipal Council by the State Government is provided in Clause (d) of Section 360, which runs thus: (d) if the area included is an area in which not less than one thousand persons reside, until the reconstitution of the municipal council in accordance with the provisions of this Act, one person ordinarily resident in such area who is nominated by the Government shall be an additional councillor of the municipal council. ( 5 ) A plain reading of the aforesaid statutory provision makes it abundantly clear that if there are one thousand and more residents in an area included in the smaller urban area, until the reconstitution of the Municipal Council in accordance with the provisions of the Act, one person ordinarily residing in such area nominated by the State Government shall be an additional Councillor of the Municipal Council. The expression, "until the re-constitution of the Municipal Council, in accordance with the provisions of this Act" (emphasis supplied), needs no farther interpretation than the expression itself. The nomination of a person as an additional Councillor of the Municipal Councillor, by the State Government entitles the said person nominated to act as such until the re-constitution of the Municipal Council in accordance with law in the absence of a just and sufficient cause for revocation. The statute does not disclose a definite policy and objective and does not confer authority on the State to make selection at its pleasure. The section does not provide that the person nominated shall hold office during the pleasure of the Government The provision does not permit of an interpretation investing the State Government the power to nominate a person as an additional Councillor either until further orders or at its pleasure. In my opinion there is no warrant for the proposition that nominee must hold office during the pleasure of the Government. ( 6 ) IN the indisputable facts of this case, the nomination of the petitioner as an additional Councillor by order Annexure-"a" of the State Government cannot but be held to be until the re-constitution of the Municipal Council, Bommanahalli in accordance with the Act as it is neither the case of the State that the Municipal Council, Bommanahalli is re-constituted in accordance with the Act, nor that there is a just and sufficient cause for revocation. The order dated 15-02-2006 Annexure-"b" revoking the nomination of the petitioner is arbitrary and unsustainable. The order dated 15-02-2006 Annexure-"b" revoking the nomination of the petitioner is arbitrary and unsustainable. ( 7 ) THERE is however considerable force in the submission of the learned Government Advocate that the intendment of the Legislature in deploying the expression "until the re-constitution of the Municipal Council, in accordance with the provisions of this Act" in Section 360 (d) of the Act, was to restrict the person so nominated to act as an additional Councillor, until the re-constitution of the Municipal Council and not until the expiry of the term of the Municipal Council, Bommahanalli. To that extent, the claim of the petitioner deserves rejection. In the circumstances, the Writ petition is allowed in part. The order dated 15-02-2006 Annexure-"b" of the State Government is quashed.