HARISH A.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions have been filed pro bono publico. The grievance of the petitioner in W.P.No.18278/2021 pertains to appointment of one Mr.S.R.Vishwanath, Member of Legislative Assembly from Yelahanka Assembly Constituency as Chairman (hereinafter referred to as 'the Chairman', for short) of Bangalore Development Authority (hereinafter referred to as 'the Authority' for short). In W.P. No.19421/2021, the petitioner seeks a mandamus to the State Government to take time bound action for disqualifying the Chairman in terms of Article 191(1)(a) of the Constitution of India from holding the post of Chairman of Authority which is an office of profit.

(2.) The controversy involved in these petitions lie in a narrow compass. The petitioner is an advocate by avocation. Sec. 3 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the 'BDA Act' for short) deals with constitution and incorporation of the Authority. Sec. 3(5) of the BDA Act provides that the Chairman, the Engineer Member and Finance Member and the Town Planner Member shall be whole time members and the other members shall be part time members. According to the petitioner, the Chairman who is a sitting MLA from Yelahanka Constituency cannot be whole time member of the Authority and therefore, is ineligible to hold the post. In addition, the grievance as pleaded in writ petition namely W.P. No.18278/2021 that no method of appointment has been prescribed for appointment to the posts of Engineer, Finance and Town Planner Members of the Authority. In the said writ petition, the petitioner has assailed the notification dtd. 24/11/2020 by which the Chairman has been appointed as Chairman of the Authority.

(3.) The petitioner also seeks a writ of quo warranto prohibiting Chairman and respondent Nos.5 to 7 from performing the duties of the post of Chairman, Engineer, Finance and the Town Planner Members of the Authority. The petitioner also seeks a writ of mandamus to constitute and incorporate the Authority in accordance with Sec. 3 of the BDA Act after framing the Rules and guidelines.