RAMASWAMY RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Grama Panchayat of Kothanur within whose territorial limits, the petitioner was an ordinary resident, when merged with the City Municipal Council, Bommanahalli, (for short 'cmc'), by notification issued by the State Government under the provisions of the Karnataka Municipalities Act, 1964 (for short 'act), was nominated as an additional Councilor of the CMC by order dated 22-06-2005 Annexure-"a" of the State Government, in exercise of power under Section 360 (d) of the Act. It is the allegation of the petitioner that the State Government by order dated 15-02-2006 Annexure-"b" cancelled the nomination when reconstituting the CMC, in accordance with law. Hence, this petition.

(2.) THE petition is opposed by filing Statement of objections dated 16-12-2006 of Respondents 1 to 3, interalia contending that the nomination of the petitioner by the order Annexure-"a" was only until further orders and during the pleasure of the Government and the cancellation of the nomination by the order impugned is legal, valid and sustainable.

(3.) HAVING heard the learned Counsel for the parties, perused the pleadings and examined the order impugned, the only question that arises for decision-making is, 'whether the nomination of a person as an additional Councillor of the Municipal Council, one made by the State Government in exercise of power under Section 360 (d) of the Act, is until the re-constitution of the Municipal Council?'