PUSHPA B. GAVADI Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a Post Graduate Law Student. The petitioner by means of a writ of quo warranto has questioned the appointment of respondent No.4 Dr.Shanth Averahally Thimmaiah (hereinafter referred to as respondent No.4 for short) for the post of Chairman, Karnataka State Pollution Control Board (hereinafter referred to as 'the Board' for short). The petitioner seeks quashment of order dtd. 15/11/2021.

(2.) The grievance of the petitioner is that respondent Nos.1 to 3 had ignored the disqualification prescribed under Sec. 6(1)(e) of The Water (Prevention and Control of Pollution) Act, 1974, (hereinafter referred to as 'the Act' for short) while nominating respondent No.4 for the post of Chairman of the Board for a period of three years.

(3.) Learned counsel for the petitioner fairly submitted that respondent No.4 had the qualification as prescribed under Sec. 4(2)(a) of the Act. However, it is submitted that two months prior to his nomination, the respondent No.4 was Director of Metamorphosis Lab Private Limited and Mahrishi Ores Private Limited and therefore, in view of bar contained in Sec. 6(1)(e) of the Act was disqualified to be nominated as Chairman on account of conflict of interest. In support of aforesaid submissions, reliance has been placed on decision of Supreme Court in 'A.C.Muthaiah vs. Board Of Control For Cricket In India', (2011) 6 SCC 617 and Ashok Kumar Yadav Vs. State Of Haryana, (1985) 4 SCC 417.