P R RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is a Councillor of the Bangalore mahanagara Palike who was elected from ward No. 50, Visveswarapuram, Bangalore. He has filed this Writ Petition questioning the validity of Annexure-'a' notification dated 2-11-2006 issued by the Government of karnataka. The prayer in the Writ Petition is for a declaration that Annexure-'a' notification is illegal, ultra vires and unconstitutional. He has also prayed for an interim stay of all further proceedings pursuant to Annexure-'a' notification.

(2.) THE impugned notification has been issued by order and in the name of the Governor of Karnataka, in exercise of the powers conferred upon by Sections 3 and 4 (1) (a) of the Karnataka Municipal Corporation Act, 1976 (for short the Act ). As per the notification, it was announced that it is proposed to specify such area, the limits of which are specified in Schedule-B to the notification to be a larger urban area of Bangalore and further to specify the area indicated in Sched-ule-A to be incorporated in the larger urban area of Bangalore City Corporation to be called hereafter Bruhat Bangalore Mahanagara Palike. The notification was published in the Official Gazette for the information of the persons likely to be affected thereby giving notice that the notification will be taken into consideration after 30 days from the date of its publication in the Official Gazette. All the persons who entertain any objections and suggestions to the said proposal were required to submit the same with reasons therefor in writing to the Deputy Commissioner, Bangalore Urban District, Bangalore, within the stipulated period. Annexure-'a' notification was published in the Official Gazette on 2-11-2006.

(3.) THE main contention of the petitioner is that the impugned notification was issued in violation of Section 4 (2) (b) of the Act. Section 4 (1) and (2) are extracted hereunder :