STATE OF MYSORE Vs. B BASAVALINGAPPA

JUDGEMENT

(1.) This reference is purported to have been made under S.113 CPC., by the Second Additional First Munsiff, Bangalore, before whom the suit, OS. No.357 of 1968, was pending.

(2.) The learned Munsiff has stated a case, formulated the question referred for the opinion of this Court, and has also set out his opinion on that question. That question reads: "Whether rules 5(1) and 5(2) of the Mysore Residences of the Deputy Ministers (Furnishing), Rules, 1956, are invalid and inoperative." The Mysore Residences of Deputy Ministers (Furnishing) Rules, 1956, (hereinafter referred to as the Rules) were made by the Government of Mysore in exercise of the rule making power under S.15 of the Mysore Ministers Salaries and Allowances Act, 1956 (hereinafter referred to as the Act).

(3.) In the course of his reference, the learned Munsiff has observed that the suit involves a question as to the validity of sub-rule(1) and Cl. (b) of sub-rule (2) of Rule 5 which in his opinion, is ultra vires of the Act and invalid. The learned Munsiff has also stated that it was not competent for him to declare any rule as invalid and that therefore it became necessary for him to make this reference.