REVANNA SIDDAPPA Vs. DY. COMMR., BIJAPUR & ORS.

JUDGEMENT

(1.) The petitioner who was the President of the City Municipal Council, Fijapur and who stood removed from the office of the President by expression of vote of no-confidence passed by the majority of councillors, has questioned the legality of that resolution in this writ petition

(2.) The petitioner was the President of the City Municipal Council, Bijapur. A requisition signed by 2a councillors out of 32 councillors expressing their intention to, move a resolution expressing want of confidence in him given as required under the first proviso to sub-sec (9) of Sec. 42 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act) was received by him on 6-10-1978. Sub-section (2) of Sec. 47 of the Act makes it obligatory for the President to call a special general meeting of the Municipal Council on a date not beyond fifteen days after the, presentation of such a requisition. Though admittedly the requisition was received by the president on 6-10-1978, he did not convene the meeting of the municipal council on or before 21-10-1978. However, he called a special general meeting of the Municipal Council on 23-10-78. The majority of the councillors refused to attend the said meeting as they felt that the president had no authority to call the meeting on 23-10-1978 pursuant to, the requisition given on 6-10-1978. But on 23-10-1978, the president purported to adjourn the meeting to 15-6-1979 on the ground of want of quorum.

(3.) Sub-section (3) of Sec. 47 of the Act confers a right on the vice,-president or one-third of the whole number of councillors to convene the meeting of the municipal council if the president falls to convene the meeting as required under sub-sec. (2) of Sec. 47 of the Act. As the president failed to convene the meeting on or before 21-10-1978, pursuant to the requisition given under Sec. 42 (9) of the Act by the 26 Councillors, the Vice-President exercised his right to convene the meeting of the municipal council on 27-10-1978. On the said day, a resolution was passed expressing no confidence in the president. All the 29 councillors present, supported the resolution. The effect of the said resolution was that the petitioner stood removed from the office of the president in view of Sec. 42(9) of the Act. In this Writ Petition, the petitioner is questioning the legality of the resolution passed on 27-10-1978.