(1.) In this writ petition, Petitioner has challenged the Notification dated 25.8.2010 in No. UDD 19 MLR 2009 issued by the 1st Respondent, which is produced as Annexure-F. By the said notification Tumkur City Municipality' has been constituted as Tumkur Municipal Corporation'. In substance, the establishment of the Tumkur Municipal Corporation is challenged in this writ petition.
(2.) According to the Petitioner, he is an elected councilor of Tumkur City Municipality, which was declared as municipality under Section 9 of the Karnataka Municipalities Act by Government Notification dated 25.8.1995. Subsequently elections were held to the municipality regularly and also on 28.9.2007 and the Petitioner was declared as elected from Ward No. 10 of the City Municipality and the first meeting of the Municipal Corporation held on 22.2.2008. It appears that there was a proposal to constitute Tumkur City Municipality' into Tumkur Municipal Corporation' and in that regard a report with regard to the strength of population, percentage of employment in non-agricultural sector, income and expenditure of the City and other such details were called for and it was tentatively proposed that if certain new areas were included to the existing area of the Tumkur City Municipality, the Corporation could be formed by upgrading the Tumkur City Municipal Council to "Tumkur City Corporation". The members of the city Municipal Council were also consulted in that regard and assented to the formation of the Municipal Corporation. Respondent No. 1 subsequently issued preliminary notification under Section 3 read with Section 503 of the Karnataka Municipal Corporation Act, 1976 (hereinafter, referred to as the 'Act'), by on 25.1.2010, and objections were called for with regard to the establishment of the Tumkur City Corporation. It is stated that after consideration of the objections a declaration has been made on 25.8.2010 by a notification. The said notifications are produced as Annexures-E and F respectively. By a subsequent notification dated 29.11.2010, it is declared that Tumkur City Municipality' would be named as "Tumkur City Corporation". The said notification is produced as Annexure-G. The establishment of the Tumkur Municipal Corporation under the provisions of Section 3 read with Section 503 of the Act has been impugned in this writ petition by contending that the procedure as envisaged under the Act has not been followed and that the notifications itself are defective in nature. Hence, the notification dated 25.8.2010 has been impugned in this writ petition.
(3.) Respondent No. 1 has filed statement of objections contending that the writ petition is not maintainable and that no relief can be granted to the Petitioner as the Petitioner has no locus-stand to challenge the notification dated 25.8.2010 issued under Section 3 read with Section 503 of the Act. It is stated that the State Government had taken consent of the City Municipal Council and a resolution has passed in favour of establishment of Municipal Corporation and the Petitioner is also party to the said proceedings and therefore he cannot now challenge the constitution of the Municipal Corporation. It is also contended that the notification impugned in this writ petition has been issued in accordance with law and no contention with regard to the validity can be made in as much as procedure has been followed under the Act as well as Constitution and hence the contentions which have been raised by the Petitioner with regard to the illegality in the issuance of the notification is wholly incorrect. It is also stated that after the constitution of 'Tumkur City Municipality' into 'Tumkur Municipal Corporation', the Petitioner has participated in the various meetings of the corporation and drawn remuneration as a Corporator. Therefore, Petitioner is stopped from challenging the notification issued by the Government constituting Tumkur City Municipal Corporation. It is also stated that in view of the growth of city, the State Government has taken a decision to constitute large urban area for establishment of Corporation, after satisfying all the criteria in the Act, after consulting the local authorities and on going through the objections received pursuant to the notification dated 25.1.2010 and that the Petitioner had not filed any objection, therefore he cannot subsequently seek to nullify constitution of the Municipal Corporation by filing this Writ petition. That the relevant criteria are satisfied and hence the decision of the state government to constitute a municipal corporation has culminated in issuance of the notification dated 25.8.2010, which is in accordance with law and which does not call for any interference in this writ petition. Therefore, Respondent No. 1 has sought for dismissal of the writ petition.