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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. Devdas, J.
Smt Kalpana Manjunath W/O Sri Manjunath And Ors. – Petitioners
Versus
State Of Karnataka Represented By Its Secretary Department Of Local Bodies And Municipal Administration And Ors. – Respondents
Writ Petition No.11725, 6398 OF 2020
Decided On : 05-01-2021
Karnataka Municipalities Act, 1964 - Section 9 - Karnataka Panchayat Raj Act, 1993 - Elections - Municipality - post of President and Vice President of the newly constituted Nelamangala CMC - Whether erstwhile members of the TMC along with persons nominated by the Government in terms of Section 359(1)(j) and Section 360(d) of Act, would constitute a City Municipal Council - Whether such a Council could continue for the remainder of the term of the Council - Whether a general election is required to be held to reconstitute the Municipal Council, within a period of six months, as contemplated in Section 358 of Act
Finding of the court: Section 358 of Act, is a general provision applicable to all circumstances contemplated under Chapter XVI of Act, barring circumstances where a Town Municipal area is converted into a City Municipal area or vice-versa, as provided in Sections 361 and 362 of Act - Whereas, under Sections 359 and 360 of Act, where a panchayat area or part of panchayat area is absorbed into smaller urban area, no express provision is made for constitution of an interim municipal council, but provision is made under clause (j) of sub-section (1) of Section 359 and clause (d) of Section 360 for reconstitution of Municipal Council in accordance with provisions of Act. The absence of any provision for constituting an interim municipal council in Sections 359 and 360 cannot be interpreted in the manner suggested by learned Additional Advocate General - Respondent-State Government is hereby directed to hold elections to the Nelamangala CMC within an outer limit of two months from date of receipt of a copy of this order.
Result: Writ petitions are partly allowed.
ORDER :
The petitioners are elected members of Arashinakunte Gram Panchayat and Vajarahalli Gram Panchayat. The respondent-State Government issued a preliminary proclamation by virtue of powers vested under the Karnataka Municipalities Act, 1964 (hereinafter referred to as ‘the Act’ for short) intending to agglomerate the existing Nelamangala Town Municipal Council along with Arashinakunte Gram Panchayat, Basavanahalli Gram Panchayat and portions of Vajarahalli Gram Panchayat and Vishweshwarapura Gram Panchayat to constitute a City Municipal area to be known as Nelamangala City Municipal Council. Consent of the respective Gram Panchayats and Nelamangala TMC was obtained. Thereafter, in terms of Section 9 of the Act, the State Government declared an area of 24.49 sq. kms. falling within the erstwhile Nelamangala TMC, Arashinakunte Gram Panchayat, Basavanahalli Gram Panchayat and portions of Vajarahalli Gram Panchayat and Vishweshwarapura Gram Panchayat, constituting Nelamangala CMC, with a population of 70,393, followed by a Gazette notification dated 26.12.2019.
2. After the new CMC was constituted, the Deputy Commissioner, Bangalore Rural District, sent a communication dated 13.03.2020 to the Tahsildar, Nelamangala Taluk, stating that in the general elections 2019, the members to all the municipal areas have been elected following which the elections to the posts of President and Vice-President are to be held. It was stated that the post of President of Nelamangala TMC has been earmarked for General category and the post of Vice-President has been reserved for General (Woman) category. It was therefore directed that the elections to the post of President and Vice President of Nelamangala TMC is required to be held at the earliest. W.P.No.6398/2020 was filed on 18.03.2020 seeking a declaration that Nelamangala TMC stands dissolved and consequently agglomerated within the newly constituted CMC; a direction was sought to quash further process of election to the non-existing Nelamangala TMC; to quash the Circular dated 16.03.2020 issued by the Tahsildar calling for the meeting of the elected members of the Council to elect the President and Vice President and a further direction was also sought to the authorities to hold and conduct elections to the newly constituted Nelamangala CMC and until then appoint the Deputy Commissioner as the Administrative Officer of Nelamangala CMC.
3. It is the contention of the petitioners that no sooner notice was ordered in W.P.No.6398/2020, the respondent-State Government issued an order dated 11.05.2020 directing the authorities to initiate ward-wise identification process of the category of population so as to fix the roster in reservation. Thereafter, by order dated 06.07.2020 the State Government appointed an Administrator in terms of Section 315 of the Act. Further, the State Government directed that the members of the erstwhile Nelamangala TMC shall continue to hold their position as Councillors of the newly constituted CMC and with respect to the panchayat areas which were amalgamated into the newly constituted CMC, the State Government shall nominate Councillors. After the said development, the petitioners filed W.P.No.11725/2020 calling in question the office circular dated 03.08.2020 issued by the Secretary, Urban Development Department, to the Director, Municipal Administration and the Deputy Commissioner, Bangalore Rural District. The petitioners are also seeking a mandamus directing the respondents to implement the order dated 11.05.2020 at Annexure ‘K’ issued by the State Government to undertake the process of delimitation of wards based on the 2011 Census.
4. Learned Counsel Sri Sunil S. Rao, appearing for the petitioners submitted that during the course of these proceedings several developments have taken place, including the reservation of posts and issuance of notification for holding elections to the post of President and Vice President of the newly constituted Nelamangala CMC. It
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