CHIKKAMUDDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) At Kanakapura town of Bangalore District, there is a Town Municipal Council (hereinafter referred to as 'the T.M.C.) constituted and function ing under the provisions of the Karnataka, Municipalities Act, 1964 (Kar. Act No. 22/64) (hereinafter referred to as 'the Act') In notification No. HUD 32 TML 78 dated 10.3.1978, Government of Karnataka, in W.P. 5226/79. exercise of the powers conferred on it by S. 13 oi the Act, issued a preliminary of draft Notification proposing to determine the territorial constituencies of the T.M.C. as set out in that Notification. On a consideration of the objections; if any filed, Government in its Notification No. HUD 32 TML 78 dated, 25.4.1978 determined the territoriall constituencies of the T.M.C. In the said Notification, the T.M.C. was divided in to 4 Divisions consisting of 19 members to be elected from various Divisions as detailed hereunder:- <FRM>1223.htm</FRM> In response to the afore said calendar of eventsi, petitioner No. 1 and, several others filed their nomination from the various Divisions of the T.M.C. At the, time of scrutiny, the nomination paper of petitioner No. 1 and several others which were found to be valid, were accepted by respondent No,. 2. On the past day for withdrawal of nominations, petitioner No. 1 and several others did not withdraw their nominations and their number being in excess of the number of seats of the fqur Divisions, a poll had to, be held on 28.5.1978. But before that i.e. on 25.5.1978, Government of Karnataka in exercise of the powers conferred on it by sub-section (1) of S. 38 of the Act by Notification; No. HUD 25 CGL 78 postponed the poll scheduled! to be held on 28.5.1978 to the Kanakapura, and other Town Municipal Councils in the State On 2.7.1977, Government in supersession of the earlier Rules promulgated the Karnataka Municipalitieis (Election of Councillors) Rules, 1977 marking detaied provisions for elections to the City Town Muncipal Councils. In Notification No HUD 59 LRB 78 dated 27-3-1979 (Exhibit C), Government in exercise of the powers conferred by the afore said provision, directed that the calendar of events issued for the purpose of holding elections to the Municipalities on 28.5.1978 be cancelled. On the same date, Government also, addressed, a letter to the Divisional Commissioner of the Divisions and the Deputy Commissioners of the Districts (Exhibit E) to dirept the Returning Offlcers of the Municipal Councils to cancel the caendar of events issued for holding election on 28.5.78 by issue of a separate Notification. In pursuance of the aforesaid Notification and the letter dated 27.3.1979 (Exhibits C and E), respondent No. 2 issued a Notification No. TMC ELN 1/79-80 dated 19.4.1979 cancelling the a forepaid calendar of events and the same reads thus:-

(2.) As in the case of other Municipaliities in the State respondent No. 2 issued a fresh calendar of events on 23.4.1979 specifying the following dates for holding elections to the T.M.C: -

(3.) The petitioners contend that S. 38(1) of the Act is beyond the legislative competence of the State and in, any event confers arbitrary, naked and unguided power On the Government and is therefore liable to be struck down as violative of Art. 14 of the Constitution. A fortiori the petitioners contend) that the Notification dated 27-3-1979 and ali further action taken, thereto are all invalid and that poll has to be completed on the basis of the calendar of events issued on 26-4-1978 (Exit. A). In LA. No. 3, the petitioners have alleged that the voters' list maintained for the Several Divisions of the T.M.C. does not conform with the territorial divisions made by the Government under S. 13 of the Act.