MATEEN AHMED Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 28.11.2011 impugned at Annexure -A and the order dated 01.01.2011 impugned at Annexure -B to the petition.

(2.) The petitioner was elected as a Councilor of Afzalpur Town Panchayat. On a complaint made by the fourth respondent herein alleging that the petitioner has incurred disqualification under Sec. 16(1)(2)(k) of the Karnataka Municipalities Act (for short 'the Act'), proceedings in No. DUDC/MISC/40/2007 -2008 was initiated against the petitioner herein. In the said proceedings, the Deputy Commissioner has arrived at the conclusion that the payments received by the petitioner is during the period when he was a Councilor and as such, incurred disqualification. Hence, by the order dated 01.01.2011, the Deputy Commissioner has disqualified the petitioner for the remaining period as a Councilor. Claiming to be aggrieved by the said order, the petitioner had filed an appeal before the first respondent - Director of Municipal Administration. By the order dated 28.11.2011, the order passed by the Deputy Commissioner has been upheld. The said orders are assailed herein.

(3.) The learned Senior counsel representing the petitioner would contend that both the orders passed are without opportunity to the petitioner. The order passed by the Deputy Commissioner was in a proceeding where the complainant himself did not want to prosecute the matter and as such, in that circumstance, the petitioner had not putforth any contentions therein but the matter was taken up and considered. Before the Appellate Authority, the application for interim relief was heard at that stage, but the appeal itself has been disposed of against the petitioner and as such, the same is not sustainable. To contend in that regard, the learned Senior counsel has referred to the affidavit sworn to by late Pramodh Kulkarni, Advocate who had represented the petitioner herein in the said proceedings and has contended that the matter in fact before the Appellate Authority was for considering the interim application. In that light, it is contended that both the proceedings are not justified. Above all, learned Senior counsel would point out that the petitioner has resigned as a Councilor of Afzalpur Municipal Council with effect from 09.12.2010 and the said resignation has been accepted. Therefore, the disqualification in any event should not visit the petitioner in terms of the provision contained in Sec. 16 of the Act to remain as a hindrance for all time to come which requires clarification.