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2022 Supreme(Kar) 1460

S. VISHWAJITH SHETTY, ALOK ARADHE
Harish A. S. – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Prabhuling K.Navadgi, Advocate, Vijay Kumar A.Patil, Advocate, Prashanth Bhushan, Advocate, Prince Isac, Advocate, D.N.Nanjunda Reddy, Advocate, K.Krishna, Advocate, S.S.Naganand, Advocate, Bipin Hegde, Advocate, B.Vachan, Advocate, J.C.Kumar, Advocate

JUDGMENT/ORDER

1. These petitions have been filed pro bono publico. The grievance of the petitioner in W.P.No.18278/2021 pertains to appointment of one Mr.S.R.Vishwanath, Member of Legislative Assembly from Yelahanka Assembly Constituency as Chairman (hereinafter referred to as 'the Chairman', for short) of Bangalore Development Authority (hereinafter referred to as 'the Authority' for short). In W.P. No.19421/2021, the petitioner seeks a mandamus to the State Government to take time bound action for disqualifying the Chairman in terms of Article 191(1)(a) of the Constitution of India from holding the post of Chairman of Authority which is an office of profit.

2. The controversy involved in these petitions lie in a narrow compass. The petitioner is an advocate by avocation. Sec. 3 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the 'BDA Act' for short) deals with constitution and incorporation of the Authority. Sec. 3(5) of the BDA Act provides that the Chairman, the Engineer Member and Finance Member and the Town Planner Member shall be whole time members and the other members shall be part time members. According to the petitioner, the Chairman who is

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