H S PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Appeal is by respondents 3 to 4 in the writ petition fifed by M/s. H. Abdul Rahim and H. H. Devaraj. They challenged the State Government's notification dated 22-8-1987 purportedly exercised under Sec. 42(12) of the Karnataka Municipalities Act, 1964 ('the Act' for short), appointing the appellants to perform all the duties and exercise all the powers of President and Vice-President of City Municipal Council, Hassan, respectively till 31-12-1987 (This period is stated to have been, now extended till the end of August, 1988). The writ petitioners also sought a direction to respondents 1 and 2 to hold the elections to elect President and Vice-President, under the relevant provisions of the Act and the Rules. The writ petition was allowed by the learned single Judge. Hence this appeal.

(2.) The relevant facts, stated in the order of the learned single Judge may be repeated once again, since they represent the undisputed facts ;

(3.) The appellants, contended that, when the term of office of the councillors is extended under the proviso to Sec. 18 (1)(a) of the Act, the City municipal council constituted by the said councillors will be a new municipal council comprised of the councillors got appointed by virtue of the notification extending their term. Therefore, Government has the power to appoint the President and Vice-President of such a municipal council, comprising of the "appointed councillors". It was argued that, there was no specific provision under the Act, providing for the election of President and Vice-President in such a situation. When the term of the elected councillors expires at the expiry or 4 years as per Sec. 18(1)(a), the offices of the President and Vice-President also become vacant. The vacancies thus caused are to be filled up by the State Government, by making the appointments under Sec. 42(12). This contention did not find acceptance by the learned single Judge, who held that, Sec. 42(12) was inapplicable to the case and the vacancies are to be filled up only by election from amongst the councillors under Sec. 42(2) of the Act read with proviso to Sec. 42(11). The same contentions are repeated in appeal.