K.C. HARISH S/O CHANDRE GOWDA Vs. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHWESHWARAIAH TOWER, BANGALORE-01 AND OTHERS

JUDGEMENT

(1.) IN this writ petition, petitioner is calling in question the order dated 17.10.2011 passed by the 2nd respondent -Deputy Commissioner, Shimoga vide Annexure -C. By way of amendment of the relief in the writ petition, petitioner is also calling in question the order passed by the Appellate Authority namely, the Director of Municipal Administration -respondent No. 1 herein who has confirmed the order passed by the Deputy Commissioner and has dismissed the appeal filed by the petitioner. The said order of the Appellate Authority is produced at Annexure -L. The grievance in the writ petition arises in the following background:

(2.) THE petitioner is elected as Councilor of the Pattana Panchayat. Jog -Kargal of Sagar Taluk in Shimoga District it; the election held on 30.11.2008, the election for the pose of president for the second term was held on 16.09.2011, The petitioner contested and got elected. On certain allegations made, a police complaint had been lodged against the petitioner alleging acts of fabrication of documents and the offence of forgery. The police after investigation, filed charge sheet. Upon trial, the Judicial Magistrate, First Class passed a judgment dated 24.08.2011 convicting the petitioner for the offences punishable under Sections 447, 468, 471, 473, 474 and 420 IPC. As regards the sentence to be imposed, the case was adjourned. On 21.09.2011, the petitioner was sentenced to undergo imprisonment for offences under Sections 468, 471, 473, 474 and 420 IPC. The sentence of imprisonment ranges from 30 days to three years for different offences.

(3.) BASED on the order of conviction, a representation appears to have been given to the Assistant Commissioner and the Deputy Commissioner requesting them to take action against the petitioner alleging that he was not entitled to continue to be the president/councilor of the Pattana Panchayat, The Assistant Commissioner has issued a show notice dated 29.09.2011 vide Annexure -A calling upon the petitioner to show cause why he should not be disqualified as per the provisions contained under Section 16(1)(a) of the Karnataka Municipalities Act, 1964 (for short 'the Act') The show cause notice makes reference to the letter of the Deputy Commissioner dated 28.09.2011 whereunder the Assistant Commissioner was asked by the Deputy Commissioner to take action for cancellation of the membership of the petitioner.