ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, the learned Additional Government Advocate for the first, second, fourth and sixth respondents and the learned senior counsel appearing for the third respondent. The fifth respondent is a formal party considering the reliefs claimed in the petition.

(2.) This writ petition relates to the general election of the fifth respondent Vijayapura Municipal Corporation which is constituted under the Karnataka Municipal Corporations Act, 1976 (for short, "the said Act of 1976"). The tenure of the Councilors of the fifth respondent ended on 14th July, 2019. The prayer in this petition is based on the mandate of clause (3) of Article 243U of the Constitution of India (for short, "the Constitution"). The mandate is that an election to constitute a Municipality shall be held before the expiry of its term which is of five years. Therefore, the election in the present case ought to have been completed before 14th July, 2019.

(3.) It appears that separate notifications were issued by the State Government in exercise of the powers under clauses (a) and (c) of sub-section (1) of Section 21 of the said Act of 1976. It is pointed out that writ petitions were filed before the Kalaburagi Bench challenging the said notifications. The writ petitions, being W.P. No.204314 of 2018 and other connected petitions were disposed of by an order dated 12th November, 2019 on the basis of a statement made by the Additional Government Advocate that the said notifications have been withdrawn and fresh notifications would be issued after taking note of the grievance of the petitioners in the said writ petitions. While disposing of the said writ petitions, a specific direction was issued by the learned Single Judge based on a decision of the Apex Court in the case of KISHAN SINGH TOMAR V. MUNICIPAL CORPORATION OF THE CITY OF AHMADABAD AND OTHERS , 2006 8 SCC 352 directing that the elections shall be held at the earliest by issuing re-notifications as expeditiously as possible. The prayer in this petition is firstly, for quashing and setting aside the notification dated 24th July, 2019 by which the Regional Commissioner, Belagavi Division was appointed as an Administrator of the fifth respondent. The second prayer is for a writ of mandamus directing the State Government to conduct the general elections of the fifth respondent within a period of six months.