B KAMALA Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) THE municipal council, hospet consists of 36 members which includes the local m. l. a. some of the members of the municipal council moved a motion of 'no confidence' against the petitioner who. Is. The president of the town municipal council, hospet. The said motion was placed before the town municipal council for consideration on 31-01-1998. In the meeting of the municipal council 24 members voted in favour of the motion and 12 members voted against the motion. This resolution has been challenged in this writ petition.

(2.) SRI kallemulla sheriff, learned counsel for the petitioner contended that the m. l. a. who is a member of the municipal council under Section ll (1) (c) of the Karnataka Municipalities Act is to be excluded for the purpose of calculating 2/3rds of the total number of members as provided under Section 42 (9) of the karnataka Municipalities Act, 1964 (hereinafter referred to as act) and if he is excluded then the resolution is not carried by 2/3rds of the total number of members and consequently the petitioner is entitled to continue in office as president of the town municipal council. In reply to the said submission, Sri patil, learned counsel for the respondent submitted that under the Act, there is no bar for an m. l. a. To participate -in the meeting called for consideration of the motion of 'no confidence' as he being a member of the municipal council is entitled to participate and therefore his participation is to be taken into account for the purpose of calculating the 2/3rds of the total number of members as provided under Section 42 (9) of the act.

(3.) ON these rival contentions, the question that arises for consideration is whether the m. l. a. of the local area who is a member of the municipal council is entitled to participate in the proceedings and if so his vote in the meeting is to be taken into account for the purpose of calculating 2/3rds of the total number of members of the municipal council.