M PUTTARANGANAIKA Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) the petitioner is the president to the town municipal council, gundlupet town, mysore district. He challenges the legality of the order dated 13-1-1994 passed by the director of the municipal administration first respondent herein, removing him from the office of the president of the town municipal council, gundlupet for alleged misconduct in the discharge of his duty by virtue of the power under section 42(10) of the Karnataka Municipalities Act, 1964. Various grounds have been raised by the petitioner. The petitioner also challenges the constitutional validity of section 42(10) of the said act. I have dealt with this case firstly to ascertain whether the impugned order passed by the first respondent is based on legal evidence.

(2.) I have heard at length the submissions of Mr. G.s.visveswara, learned senior counsel for the petitioner and mr, u.l. narayana rao, the learned senior counsel for the third respondent and the learned High Court government pleader.

(3.) although various contentions were raised by the learned counsel for the petitioner, it was urged that if no prima facie case is made out that the petitioner has committed an act of misconduct on the basis of the charge it would not be necessary for me to deal with the other question with respect to the constitutional validity of section 42(10) of the Karnataka Municipalities Act, 1964.