RAMESH V KINI Vs. DEPUTY COMMISSIONER KARWAR

JUDGEMENT

(1.) A small matter like the granting of leave to a sitting Councillor by the 2nd respondent-town Municipal Council, Ankola is the subject-matter of this writ petition. the petitioner Ramesh V. Kini, was an elected member of the town Municipal Council of Ankola. it is common ground that for three consecutive meetings of the Municipal Council held on 28th December, 1991, 30th January, 1991 and 25th February, 1991 he was not present but in respect of the meeting scheduled on the 25th of February, 1991, he did send a leave note as per Annexure-A requesting the Municipal Council for leave of absence and permission to stay away from the meeting held on the 25th February 1991 because he was unwell and had been advised to take bed rest. He also.sent a doctor's certificate, copy of which is produced at Annexure-B. But it would appear, the leave application was actually received by the Municipality on the 26th February, 1991. But then the petitioner states in the writ petition that a messenger through whom the leave note was sent for the personal delivery to the Municipal Council on 25-2-1991 who asked to deliver it the next day and that is the reason why his leave application did not reach the Municipal Council on the date of meeting i.e., 25th February, 1991.

(2.) Mr. Vinod Prasad, learned counsel for the petitioner says that the a fore said allegations made in the writ petition has not been traversed in the counter-statement made on behalf of the Municipal Council. Be that as it may, let us not go into that controversy. i shall take the leave application was delivered to the Municipality only on the 26th of February, 1991.

(3.) then the fact remains in that application leave of absence to attend the meeting on the 25th February, 1991 had been sought for on the ground of incapacity of the petitioner due to ill-health. the application was also supported by a medical certificate. Now the grant or refusal of leave to a Councillor no doubt is at the discretion of the Municipal Council but exercise thereof is governed by Section 16(2)(c) of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act'). it reads:-