DAMODARAN G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is treated as having been posted for hearing and I have heard the learned Counsel for the parties.

(2.) The 1st petitioner is a Corporation Councillor who was elected in the general elections held to the Corporation of the City of Bangalore on 7-8-1983. The other petitioners claim to be the responsible citizens, one is a Journalist, one is a businessman and the rest are rate payers. They are aggrieved by the order of the State Government which is produced as ANNEXURE-A in the writ petition. By that order dated 31-12-1988, the State Government in exercise of the powers conferred by clause (c) of subsection (1) of Section 100 of the Karnataka Municipal Corporation Act, 1976(in short 'the Act') appointed Administrators to the following City Corporations for a period of six months with effect from 1st January 1989 : 1. Corporation of the City of Bangalore. 2. Corporation of the City of Mangalore. 3. Corporation of the City of Mysore. 4. Corporation of the City of Belgaum. 5. Corporation of the City of Gulbarga. 6. Hubli-Dharwad Municipal Corporation. This notification was preceded by a notification dated 5-8-1988 which is produced as Annexure B in the writ petition. By that notification, the terms of the offices of the Councillors of the Corporation of City of Bangalore, HubliDharwad Municipal Corporation and the Corporation of the City of Mysore were extended in exercise of the powers conferred by sub-section (1) of Section 8 of the Act on the ground that elections to the said City Corporations could not be held immediately after the expiry of the term of the office of the Municipal Councillors for the reason that the work relating to the revision of additional voters was expected to be completed by the end of October 1988 and thereafter sufficient time was required for holding the elections. Accordingly, the term of office of the Councillors was extended till 31-12 1988 in respect of the said Corporations.

(3.) We are now concerned in this case with the 2nd respondent-Corporation viz.. Corporation of the City of Bangalore.