D SANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On a reference made by Murlidher Rao, J., this case is posted before us for disposal.

(2.) For the all-round development of the Urban area of Davangere City of Chitradurga District, the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976) ('the Act') :inter alia, provides for the establishment of an Improvement Board named after that City called 'The Improvement Board, Davangere' (Board) from 1-11-1975 (vide Section 1 (3) of the Act) which is functioning ever since then with a Chairman and other Members appointed from time to time.

(3.) In exercise of the powers conferred by Section 4 of the Act, Government in Notification No. HUD 245 MIB 83 dated 15-12-1983 (Annexure 'A'), inter alia, appointed respondent-8 as the Chairman of that Board, the petitioner and three others non-officials, as the Members of that Board without, however, specifying their term of appointment. That notification which is material reads thus : "NOTIFICATION In exercise of the powers conferred by Sec. 4 of the Karnataka Improvement Boards Act, 1976, the Government of Karnataka hereby appoint the following persons as members of the Improvement Board, Davangere with immediate effect: