ORDER :

The petitioners who are nominated councilors of Malur Town Municipal Council (hereinafter referred to as ‘the Council’ for short) in this petition have prayed for the following reliefs:

(i) Call for records pertaining to Letter bearing NO.ELN/CR/32/2020-21 dated 22.12.2021 issued by the 2nd respondent (Annexure C)

(ii) Declare that the petitioners as nominated councilors are entitled to cast their vote in the election for the post of President/Vice President under Section 42(2) of the Karnataka Municipalities Act,1964

(iii) Declare that the votes cast by the Petitioners in election held on 30.12.2021 for the post of President in Respondent No.3 Council as valid and sustainable in law.

In the alternative

(iv) Declare that the proviso to Section 11(1) (b) of the Karnataka Municipalities Act, 1964 is ultra vires Article 14 of the Constitution of India and is unconstitutional.

Or read down the proviso to Section 11(1)(b) of the Karnataka Municipalities Act, 1964 as not applying to elections to the post of President and Vice-President of the Municipal Council held under Section 42(2) of the Karnataka Municipalities Act, 1964 and the rules framed thereunder.

(v) Declare that the proviso