ABDUL AZEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court initially seeking a direction to consider his representation dtd. 23/5/2023 and grant all consequential benefits. During the pendency of the petition, he raises a challenge to the Notification dtd. 15/12/2023 which removes the petitioner from the post of Chairman, Karnataka State Minorities Commission, Bengaluru ('the Commission for short).

(2.) Heard Smt. Lakshmy Iyengar, learned senior counsel appearing for the petitioner and Sri K.Shashikiran Shetty, learned Advocate General appearing for the respondents.

(3.) Facts, in brief, germane are as follows: The petitioner claims to be a highly qualified citizen having M.A., LL.B. degree and retired as Assistant Police Commissioner and is known for his scientific investigation of high profile criminal cases. The petitioner was also a Member of the Legislative Council and later in the year 2019 was appointed as the Chairman of the Commission for a period of three years (hereafter referred as the 'first tenure'). The appointment was in terms of Ss. 3 and 4 of the Karnataka State Minorities Commission Act, 1994 (hereinafter referred to as 'the Act' for short). The petitioner completes his first tenure on 15/10/2022. On completion of first tenure, an order comes to be passed continuing the petitioner as Chairman of the Commission for another term of three years, for it come to an end on 15/10/2025. When the petitioner was functioning as Chairman of the Commission, the men who man the Government changed. On 22/5/2023 a tippani emerges from the office of the Chief Minister which is communicated by the Chief Secretary to all the Departments. The communication was that the nominations made by the earlier Government will have to be annulled. In furtherance of the aforesaid communication/tippani a Notification comes to be issued on 22/5/2023 by which the continued nomination of the petitioner/2nd tenure is cancelled. The petitioner represents to the respondent/State on 24/5/2023 seeking to withdraw the said Notification. Owing to the representation, a Notification comes to be issued on 24/5/2023 withdrawing the Notification dated 22-05- 2023 whereby the notification which cancelled the nomination of the petitioner for the second tenure comes to be withdrawn.