C G SOMASHANKAR Vs. TOWN MUNCIPAL COUNCIL

JUDGEMENT

(1.) Petitioners, who are members of the Town Municipal Council, Magadi Town, are aggrieved by the notices issued as at Annexures 'C' & 'D' by which the Chief Officer has called for a meeting on 29-9-1988 to consider two resolutions at the meeting expressing lack of confidence in the President and Vice-President respectively of the Town Municipal Council. The notices are dated 21-9-1988.

(2.) Contention in this Court is that the notices are issued in violation of the first proviso to Sub-section (9) of Section 42 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the 'Act') and therefore void as ruled by this Court in Writ Appeal No. 2392 of 1982, disposed of on 28-7-1982

(3.) Facts leading to these Writ Petitions may be stated briefly and they are as follows:- By two letters addressed to the President bearing the date 5-9-1988, 11 members of the Magadi Town Municipal Council who are signatories to those letters, intimated that they had no confidence in the Vice-President and therefore the President should call a special general meeting to put the motions to vote. Similarly, the other letter indicated that they had no confidence in the President and therefore that resolution may also be put to vote at the special meeting to be called in that behalf. The true copies of these letters are produced as Annexures 'A' & '8' to the petition. On failure to call the special general meeting by the President, the signatories to the letters moved the Chief Officer to issue notices and notices have been issued as at Annexures 'C' & 'D' thereafter. These facts are not in dispute.