The central legal point established in the judgment is that under the Karnataka Municipalities Act, a written request from the majority of the members to the President is necessary before a special meeting can be convened.

( 1 ) SRI H. B. Mahesh, learned Government Pleader is directed to take notice for first respondent. He is permitted to file his memo of appearance within six weeks from today.

( 2 ) SRI R. S. Raju, learned Counsel takes notice for the second respondent.

( 3 ) SRI V. Lakshminarayana, learned Counsel appears for respondents 3 to 20.

( 4 ) THE matter is listed for preliminary hearing. By consent of the learned Counsels appearing for the parties to the lis, it is taken up for final hearing, since the issues raised in this writ petition lie in a very narrow compass.

( 5 ) PETITIONER is the President of Town Municipal Council, Sira. She is before this Court primarily calling in question the notice issued by the chief Executive Officer of the Town Municipal Council, Sira, dated 19-12-2002, on the ground that the said notice is illegal and contrary to the provisions of Section 47 (2) and (3) of the Karnataka Municipalities Act, 1964 ('the Act', for short ).

( 6 ) TO appreciate the contentions canvassed by the learned Counsels appearing for the parties to the Us, the provisions of Sections 42 and 47 of the Act requires to be noticed. They are as under: section 42 of the Act speaks of President and Vice-President of a Town Municipal Council. Sub-section (9) of Section 42 of the Act envisages a situation if a resolution expressing no confidence motion is passed by the majority of not less than 2/3rd of the total number of Councillors at a special meeting convened for the purpose against the persons holding the office of President or vice-President, it is deemed that they have vacated their office. Proviso appended to the sub-section specifies that the resolution contemplated under sub-section (9) of Section 42 of the Act cannot be moved unless the resolution is signed by not less than l/3rd of the total number of Councillors and at least 10 days notice is given of the intention to move the resolution of no confidence motion. The other provisions of Section 42 of the Act are not necessary for the purpose of disposal of this writ petition.

( 7 ) CHAPTER III of the Act provides for transaction of business by the municipal Council. Section 47 of the Act under the said Chapter provides for meeting of the Councillors of the Municipal Council. It says that the Municipal Council shall hold a meeting at least once in every month for transaction of business which is ordinarily called as a general meeting. Sub-section (2) of Section 47 of the Act is relevant for the purpose of this case. Therefore, it is extracted and it reads as under:" (2) The President may, whenever he thinks fit, and shall, upon the written request of not less than one-third of the whole number of Councillors and for a date not more than fifteen days after the presentation of such request, call a special general meeting".

( 8 ) THE analysis of the aforesaid section demonstrates that the President of the Town Municipal Council may call for a meeting of the Councillors whenever he thinks fit and desirable. Further, the statute mandates that he shall call for a special meeting whenever a written request is made by not less than one-third of the whole number of councillors.

( 9 ) SUB-SECTION (3) of Section 47 of the Act envisages a situation where the President fails to call for a special meeting as provided in sub-section (2) of Section 47 of the Act. The Legislature authorises the vice-President or one-third of the whole number of Councillors to convene such a special meeting on a written request made by not less than one-third of the whole number of Councillors for a day not more than thirty days after the presentation of such a request by requesting the Chief Officer or the Municipal Commissioner to give notice to the Councillors convening the special meeting.

( 10 ) KEEPING in view the provisions of Sections 42 and 47 of the Act, let me notice the fact situation in the instant case.

( 11 ) THE Town Municipal Council, Sira, has 23 Councillors. 18 out of them, it