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2015 Supreme(Kar) 729

R.S.CHAUHAN
Pramila M. – Appellant
Versus
State of Karnataka, Urban Development Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Ashok Haranahalli, Senior Advocate, FOR Sri. R. Subramanya, Adv. FOR Petitioner Nos.1 to 3, Sri. K.G. Raghavan Sr. Advocate, FOR Mr. Tejaswi Surya, Adv. FOR Petitioner Nos. 4 & 5.
For the Respondent:Prof. Ravivarma Kumar Adv. General and Sri. D. Ashwathappa, AGA FOR R1 & 3, Sri. S. Vijay Shankar, Sr. Advocate, FOR Sri. K.N. Puttegowda, Adv. FOR R2, Sri. Udya Holla Sr. Advocate, FOR Sri. D. Srinivas Murthy, Adv., FOR R5 and R6 Sri. Krishna Dixit, CGSC FOR R4.

ORDER :

The heat and dust of the Mayor’s and Deputy Mayor's elections for the Bruhat Bengaluru Mahanagara Palike (‘the BBMP’, for short) have raised a host of intriguing legal issues before this Court:

1) Whether Article 243-R of the Constitution of India is unconstitutional, as it violates the purpose for which the 74th Amendment of the Constitution of India was brought into force or not?

2) What is the inter-relationship between Article 243-R of the Constitution of India, and Sections 7 and 10 of the Karnataka Municipal Corporation Act, 1976, (‘the Act’ for short)?

3) In the election for the posts of Mayor and Deputy Mayor whether the Members of Parliament (‘MPs’, for short), Members of Legislative Assembly (‘MLAs’, for short), and the Members of Legislative Council (‘MLCs’, for short) are allowed to vote under Sections 7 and 10 of the Act or not ?

4) If these two provisions do permit them to vote in the said election, whether these two sections are in violation of Article 243-R of the Constitution of India or not, and thus unconstitutional ?

5) If there is a conflict between Sec














































































































































































































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