H K HALESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are before this Court assailing the order dated 07.02.2011 which is impugned at Annexure- A to the petition. By the said order, the third respondent has disqualified the petitioners herein from being the members of the Town Municipal Council, Harappanahalli, Davanagere District on the allegation of certain benefits being extended to their kith and kin.

(2.) HEARD the learned counsel appearing for the parties and perused the petition papers.

(3.) THEREFORE , though the learned counsel for the petitioner strenuously contended about the maintainability by referring to the provision in Section 16(1)(k) of the Act since the allegation based on which the proceedings has been initiated by the petitioner does not fall under the said provision and the learned counsel for the respondent sought to justify the action as one falling under Section 16(1)(k), I am of the opinion that the said question need not be adverted to in detail in view of the observations which has already been made by the Hon'ble Division Bench of this Court. At this juncture, it would not be open for me to express any other opinion on that aspect.