ASHOK B HINCHIGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has called into question the notification, dated 15th June, 2007 (Annexure -B) issued by the first respondent and the consequential elections conducted to Madikeri City Municipal Council.

(2.) THE brief facts of the case are that the Urban Local Bodies ['U.L.B.s' for short] are constituted on the basis of the population and other factors enumerated in Section 3 of Karnataka Municipalities Act, 1964 ['the said Act' for short]. Section 11(1) of the said Act states that the Municipal Council shall consist of such number of directly elected councilors specified in column 3 of the table below in respect of municipal areas specified in the corresponding entries in column 2 thereof, namely;

(3.) THE first respondent brought an amendment to Section 3 of the said Act incorporating a second proviso to Sub -section (2), which reads as follows: