S SHIVASHANKARAPPA Vs. DAVANGERE CITY MUNICIPALITY DAVANGERE

JUDGEMENT

(1.) THE question that arises for consideration in this writ petition is whether the number of Councillors required for the resolution expressing want of confidence in a President or Vice -President of a Municipal Council by which, they stand removed from their respective offices under S. 42 (9) of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act'), is two -thirds of the actual number of Councillors or two -thirds of the total number of Councillors prescribed under S. 11 of the Act

(2.) THE petitioners in this writ petition are six Municipal Councillors of the Davangere City Municipal Council which is functioning under the provisions of the Act.

(3.) THE case of the petitioners is that notwithstanding the passing of resolutions expressing want of confidence in respondents Nos. 5 and 6, they are continuing in the office of the President and Vice -President respectively, though they must be deemed to have vacated the offices in view of S. 42 (9) of the Act.