KIRAN KRISHNARAO SAYNAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are seeking for a writ of mandamus to 2nd respondent not to permit the members of the Legislative Assembly, Members of House of people, to vote and participate in the process of elections of the Mayor and Deputy Mayor for the 4th respondent Corporation of the City of Belgaum for the year 2013 and henceforth. I have heard the arguments of Sriyuths D. Ravikumar Gokakakar, learned Counsel appearing for the petitioners, A.G. Maldar, learned HCGP appearing for respondent Nos. 1 and 2, Aravind D. Kulkarni, learned Counsel appearing for respondent No. 4. Respondent No. 3 is served and unrepresented. Perused the case papers.

(2.) It is the contention of Sri. Ravikumar Gokakakar that members of the legislative assembly, legislative council and members of the house of people are not the elected members of the Corporation and as such, they cannot vote in the elections held to the post of the Chairman or the Mayor or the Deputy Mayor of the Municipal Council or Municipal Corporations as the case may be. He submits that it is only the elected representatives, namely councillor as defined under Section 2(7) of the Karnataka Municipal Corporations Act, 1976 ('K.M.C. Act' for short) who would form the electoral college to elect the Chairman Mayor or Deputy Mayor and the members of the Legislative Assembly, Legislative Council as well as Members of the House of People have no right to participate in such election process. He would also draw the attention of the Court to deletion of Section 9 of the K.M.C. Act to contend that, by virtue of the said Section having been omitted by Act 35 of 1994, it would indicate that participation of members of the Assembly or the members of the council or Members of House of people stood excluded and as such, they have no right of participation in the election process of electing Mayor or Deputy Mayor.

(3.) Elaborating his submissions, he would submit that, proviso to clause (d) of sub-section (1) of Section 7 of the K.M.C. Act would indicate that persons referred to in clause (b) of sub-section (1) of Section 7 of the K.M.C. Act have been excluded to vote in the meetings of Corporation who are the nominated members, and as such it cannot be gain said that these members would be entitled to participate in the election process of electing Mayor or Deputy Mayer of Municipal Corporation. He would also refer to Rule 72D of the K.M.C. (Election) Rules, 1979 which prescribes the procedure for elections to the post of Mayor and Deputy Mayor, whereunder only Councillors are permitted to participate.