KHURSHID AZAM CHOUDHARY Vs. DEPUTY COMMISSIONER GULBARGA DISTRICT

JUDGEMENT

(1.) THE petitioner was a Councillor in Yadgir Town Municipal Council. That his membership came to a premature end because of disqualification he suffered under the provisions of Section 16 (l) (k) of the Karnataka Municipalities Act, 1964 ("act" for short) as it was found that the petitioner had a contract with the very Municipality namely for certain repairs to be effected to a tractor owned by the Municipality the value of which contract was more than Rs. 500/ -.

(2.) THE matter was brought to the notice of the Deputy commissioner the Competent Authority by another Councillor the 4th respondent and the Deputy Commissioner passed the order of disqualification in terms of his order dated 18-10-2004 holding that as a matter of fact the petitioner had suffered such disqualification in terms of Section 16 (l) (k) of the Act and accordingly, his membership suffered. The petitioner being aggrieved preferred an appeal to the Appellate authority. Since the Appellate Authority found no occasion to interfere with the order of the Deputy Commissioner, dismissed the appeal in terms of the order dated 15th January, 2005 at Annexure-A.

(3.) IT is aggrieved by this order the petitioner while challenging the same has also called in question the constitutional validity of provisions of Section 16 (1) (k) of the Act read with sub-clauses (v) and (vi) of proviso given to clause (d) of Section 16 (1 (k)) of the Act.