M RAMAPPA Vs. CITY MUNICIPAL COUNCIL BELLARY

JUDGEMENT

(1.) This petition under Art.226, has been brought before us upon a reference made under S.9 of the High Court Act.

(2.) The petitioners are Councillors of the City Muncipal Council, Bellary, Bhasker Naidu, respondent-4 is also a Councillor, but on 3rd Septr, 1974, he was elected as President of the Municipal Council. His right to continue as President bevond the term of one year, is the only question that falls for determination in this petition.

(3.) The rase of the petitioners, to state briefly, is as follows: The City Municipal Council, BPllarv, was originally governed by the Mysore City Municipalities Act. 1933. The term of office of the members of the Municipal Council was four years. Under 8.23(12) of the said Act, the term of every President and of every Vice-President was made co-extensive with the term of his office as Councillor. But the proviso to that sub-section empowered the Govt in special cases, with the consent of the Municipal Council concerned to direct that the term of the office of the President and of the Vice-President "be limited to one year and that elections there for be held every year." In exercise of this power, the State Govt passed ar order No PLN 41 CEL 61 d.21st Now 1961 relating to the Bellary Municipality. The order provided that "the term of the President, Vice-President of the Municipal Council, Bellary. be limited to one year and that the election therefor be held every year".