1. Petitioners are seeking for a writ of mandamus to 2nd respondent not to permit the members of the Legislative Assembly, Members of House of people, to vote and participate in the process of elections of the Mayor and Deputy Mayor for the 4th respondent- Corporation of the City of Belgaum for the year 2013 and henceforth.

2. I have heard the arguments of Sriyuts D.Ravikumar Gokakakar, learned counsel appearing for the petitioners, A.G.Maldar, learned HCGP appearing for respondent Nos. 1 and 2, Aravind D. Kulkarni, learned counsel appearing far respondent No.4. Respondent No.3 is served and unrepresented. Perused the case papers.

3. It is the contention of Sri. Ravikumar Gokakakar that members of the legislative assembly, legislative council and members of the house of people are not the elected members of the Corporation and as such, they cannot vote in the elections held to the post of the Chairman or the Mayor or the Deputy Mayor of the Municipal Council or Municipal Corporations as the case may be. He submits that it is only the elected representatives, namely councilor as defined under Section 2(7) of the Karnataka Municipal Corporation Act, 1967 ('K.M.C. Act' for sh