SULTAN ALI AND ORS. Vs. SHAHAJAHA AND ORS.

JUDGEMENT

(1.) These intra-court appeals are directed against the final orders passed by the learned single Judge in W.P. Nos.201399/15 and 201754/15 (LB-RES) on 26.8.2015.

(2.) By virtue of the said final order dated 26.8.2015, the no-confidence motion adopted by the City Municipal Council of Basavakalyan, Bidar District, on 28.1.2015 expressing no-confidence motion against the 1st respondent, Smt.Shahjaha, President of the Council is set aside. It is clarified that as the no-confidence motion is void, the second proviso to sub-section (9) of Section 42 of the Karnataka Municipalities Act, 1964, (hereinafter referred to as the Act, for brevity) will not come in the way of elected councillors for moving a fresh motion of no-confidence motion against Smt.Shahjaha.

(3.) The facts leading to the filing of the writ petitions before the learned single Judge and consequently the writ appeals are as follows: