P R RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions are filed as Public Interest litigations seeking a direction to the respondents herein to announce the calendar of events to hold elections to the 3rd respondent-Bangalore mahanagara Palike forthwith and to quash the Notification issued appointing the Administrator for the Bangalore Mahanagara Palike.

(2.) PETITIONER in Writ Petition No. 15482 of 2006 Sri P. R. Ramesh is an ex-Councilor. He was elected to the Bangalore Mahanagara Palike as a councilor in the elections held on 11. 11. 2001 for a term of 5 years which has ended on 23. 11. 2006. He was also elected as the Mayor of Bangalore city Corporation on 28. 11. 2003 and his term came to an end on 21. 11. 2005. As respondents 1 and 2 did not hold elections to Bangalore Mahanagara palike, Bangalore, before the expiry of its term on 23. 11. 2006 after completion of five years and as no steps were taken by respondents-1 and 2 to commence delimitation of wards and allocation of reservation to different wards in Bangalore City, apprehending indefinite postponement of the elections, the petitioner got issued a legal notice dated 25. 10. 2006 to respondents 1 and 2 calling upon them to initiate immediate steps for holding elections to the 3rd respondent. As no steps were taken, he has approached this Court.

(3.) IN W. P. No. 16836 of 2006 Sri M. Nagaraj who is also an Ex-Councilor has challenged the Notification dated 23. 11. 2006 issued by the state Government appointing an Administrator for the Bangalore mahanagara Palike. Administrator is appointed on the ground that the term of office of the existing Councillors of the Bangalore Mahanagara palike was expiring on 23. 11. 2006, but election of the new Councillors were not conducted in view of the steps initiated for constitution of the greater Bangalore City Corporation (Bruhat Bangalore Mahanagara palike), therefore, to carry on the activities on behalf of the Bangalore mahanagara Palike, it was necessary to appoint an Administrator till the bruhat Bangalore Mahanagara Palike was constituted and the elected body of Councillors assumed office. According to the Notification, the administrator was appointed to remove the difficulties and to ensure smooth functioning of the Bangalore Mahanagara Palike. The Notification refers to Section 47 of the Karnataka Municipal Corporations (Amendment)Act, 1994 and all the other Executive and inherent enabling powers vested in the State Government for exercising such a power.