N P HEMANTHKUMAR Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This Court on 08/05/2019, granted interim orders deferring the elections to the Nelamangala Town Municipality and Pattana Grama Panchayat for a period of four weeks upon hearing Sri. Nanjunda Reddy, the learned Senior Counsel for the petitioners. But, today, on the mention being made by the learned counsel for the State Election Commission, the petitions were directed to be listed for consideration of the application IA No. 2/2019 filed for vacating the interim Order dated 08/05/2019. However, Sri. Nanjunda Reddy, the learned Senior counsel for the petitioners in Sri. A Nagarajappa, the learned counsel for the petitioner in Sri. M Shivprakash, the learned Counsel for the petitioners in Sri. K N Phanindra, the learned Senior Counsel for the State Election Commission, and the learned Additional Government Advocate for the other contesting respondents consent for final disposal of the petitions, and they are accordingly heard after dispensation of notice to the other respondents.

(2.) The petitioner in WP No. 21239/2019 has asserted that he was elected a councillor to the Nelamangala Town Municipal Council in the year 2014 from Ward No. 20, and he was also previously elected a councillor of this Council. The petitioner is interested in the conversion of the Nelamangala Town Municipal Council into a City Municipal Council because of the increase in population. He has taken personal interest in this regard. Even the adjacent Grama Panchayats have resolved for their inclusion into the proposed City Municipal Council as is obvious from the enclosed annexures. The proposal for conversion of the Nelamangala Town Municipal Council is made for the first time in the year 2015. The Director of Municipal Administration vide the Communication dated 03.08.2018 has forwarded to the State Government the recommendation for conversion of Nelamangala Town Municipal Council into a City Municipal Council including the adjacent Grama Panchayats. This Communication dated 03.08.2018 is preceded by the appropriate Resolutions and correspondences. On 03.05.2019, the State Government has written to the State Election Commission bringing to its notice that the State Cabinet on 25.02.2019, has approved the upgradation of Nelamangala Town Municipal Council and the concerned file was also placed before his Excellency, the Governor for necessary Notification as required under section 9 of the Karnataka Municipalities Act, 1964 (for short, 'the Municipalities Act'). However, His Excellency, the Governor has returned the file for resubmission after the code of conduct, which is in force because of the ongoing parliamentary elections, ceases to operate. As such, the State Election Commission should consider holding elections to the upgraded/ converted City Municipal Council after the exercise of delimitation of the wards and reservation is completed pursuant to the notification to be issued for such upgradation/conversion. However, the State Election Commission has issued the impugned Notification dated 02.05.2019 to hold elections to municipalities, including the Nelamangala Town Municipal Council, specifying the date for elections. The impugned Notification dated 02.05.2019 is without application of mind, and would holding elections, pursuant thereto, would be a futile exercise.

(3.) The petitioner in WP No. 21257/2019 has also asserted that he has been elected for two terms as a councillor of Nelamangala Town Municipal Council, and he has been the President of the said Municipal Council between 2007 and 2013 as well as between 2013 and 2019. As such, the petitioner is interested in the functioning of the Municipal Council. The petitioner, while asserting facts similar to the assertions in the earlier writ petition in WP No. 21239/2019, has submitted that the transitional area of Nelamangala was specified to be the Town Panchayat of Nelamangala in the year 1996 under the provisions of the Municipalities Act, and thereafter, the transitional area of Nelamangala is specified to be a Smaller Urban Area as per the provisions of section 3 of the Municipalities Act. With such specification, the Nelamangala Town Panchayat is constituted into Nelamangala Town Municipal Council. The latest term of the Council has ended as of 15.03.2019, and with the expiry of the term of the Council, an Administrator is appointed by the State Government vide the order dated 12.03.2019.