RAMASWAMY C N Vs. TOWN MUNICIPAL COUNCIL CHICKMAGALUR

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has sought for the issue of a writ of mandamus directing the respondent to for bear from nominating any member to the Planning Authority, Chickmagalur and not to enforce the period of one year set out in the Resolution dated 29-9-83 (Annexure-B) as the same is ultravires the powers of the Municipal Council.

(2.) The petitioner is a Municipal Councillor of Town Municipal Council, Chickmagalur. For Chickmsgalur Town, there is a Planning Authority constituted under Section 4C of the Karnataka Town and Country Planning Act 1961 (hereinafter referred to as the 'Act'). By a letter dated 15-9-1983, (Annexure-A), the Planning Authority, Chickmegalur, requested the Municipal. Council to send its representative to the Planning Authority. The Municipal Council met on 29- 9-1983 and resolved to nominate the petitioner as its representative to the Planning Authority for a period of one year from 29-9-83 as per Annexure-B. According to Section 4D(2) of the Act, the representative, of a local authority who is a member of that authority shall cease to be a member of the Planning Authority when he ceases to be a member of the local authority concerned. So, the Municipal Council could not have restricted the term of the offica of the petitioner to one ysar. Hence, this writ petition for quashing that portion of the resolution restricting his term to one year.

(3.) Mr. Ranga Rao, learned counsel for the respondent, urged that the Municipal Council which had the power of nominating the member to the Planning Authority also had the power to restrict his term of office. He also urged that as the petitioner could have approached the Deputy Commissioner under Section 306 of the Karnataka Municipalities Act 1964 against the impugned resolution, this writ petition is not maintainable. Lastly, he urged that as the petitioner was a party to a resolution and as he has taken advantage of that resolution he is estopped from saying that the said resolution is bad.