MUNILINGIAH Vs. DIVISIONAL COMMR BANGALORE DIVN

JUDGEMENT

(1.) The petitioner was elected President of the Town Municipal Council, Kanakapura, on May 9, 1974, for a term of four years. The Town Municipal Council passed a resolution on 16-10-1974 limiting the term of the President for one year. The Government granted approval to that resolution by its order dt.21-2-1975. Legality of rthe said resolution and of the G.O. was challenged in this Court in WP.2305 of 1975. A Division Bench of this Court, by its order dt.7th July 1975, quashed the said resolution as also the order of the Govt dt.21st Feby, 1975 passed under Section 42(11) of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the 'Act').

(2.) The Divisional Commissioner, Bangalore, served upon the petitioner a notice (Ext.B) dt.20th August 1975 along with the report of the Deputy Commr (Ext.A) dt.13-8-1975, calling upon him to show cause as to why he should not be removed from the Office of the President, Town Municipal Council, Kanakapura, on the charges of 'misconduct, negligence and incapacity' 'to discharge his duties as President of the said Municipal Council. The petitioner submitted his explanation (Ext.C) to the said notice.

(3.) The Divisional Commr, Bangalore, exercising the delegated powers of the Govt under S.42(10) of the Act found all the charges listed in the report of the Deputy Commr (Ext.A) dt. 13-8-1975 as having been established, and ordered his removal from the Office of the President of the said Municipal Council, as also from the Office of 'the Councillor (vide Order Ext.D dt.l5-10-1975). The legality of this order has been challenged by the petitioner in this Court on the writ side.