BALAKRISHNA TULJANSA MAGAJI KONDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the constitutional validity of sub-section (5) of Section 11 of the Karnataka Municipal Corporations Act, 1976 ( "the Act" for short) is challenged. Section 11 deals with the constitution of Standing Committees and sub-section (5) prescribes the term of office of the members of the Standing Committees as one year from the date of their election.

(2.) Second respondent is the Corporation established for the City of Hubli-Dharwad (hereinafter referred to as the "Corporation"). At the elections to the three Standing Committees held on 30-6-1992, first petitioner was elected as a member of Standing Commitee of Public Health; Second and third petitioners, were elected as members of Taxation and Finance Committee and the fourth petitioner was elected as a member of Works Committee. At the elections to elect Chairman of the said three committees, petitioners 1, 2 and 4 were respectively elected Chairman of the said Committees.

(3.) Respondents 5, 6 and 7 are the elected members of the Taxation Appeals Committee of the Second Respondent. While the term of the office of the three Standing Committees, that is, Taxation and Finance Committee, Public Health Committee and Works Committee is fixed as one year under Section 11(5) of the Act, the term of Office of the Chairman and members of the Taxation Appeals Committee is fixed as 30 months under Section 146(A)(2). The petitioners contend that the Taxation Appeals Committee is similar to and on par with the three Standing Committees and by providing a 30 months period as the term of office of Chairman and Members of Taxation Appeals Committee and providing the term of office of Members of the three Standing Committee as 12 months, equals have been treated unequally and therefore Section 11(5) of the Act providing for term of one year is violative of Article 14 of the Constitution and therefore liable to be struck down. Consequently, the petitioners, as members of the three Standing Committees seek a declaration that they are entitled to hold office for a term of office of 30 months, as in the case of the members of Taxation Appeals Committee. The petitioners have also sought quashing of the Notification dated 20-5-1993 regarding election of members to the three Standing Committees.