ORDER

M. Nagaprasanna, J. - The petitioner is before this Court initially seeking a direction to consider his representation dated 23-05-2023 and grant all consequential benefits. During the pendency of the petition, he raises a challenge to the Notification dated 15-12-2023 which removes the petitioner from the post of Chairman, Karnataka State Minorities Commission, Bengaluru ('the Commission for short).

2. Heard Smt. Lakshmy Iyengar, learned senior counsel appearing for the petitioner and Sri K.Shashikiran Shetty, learned Advocate General appearing for the respondents.

3. Facts, in brief, germane are as follows:

The petitioner claims to be a highly qualified citizen having M.A., LL.B. degree and retired as Assistant Police Commissioner and is known for his scientific investigation of high profile criminal cases. The petitioner was also a Member of the Legislative Council and later in the year 2019 was appointed as the Chairman of the Commission for a period of three years (hereafter referred as the 'first tenure'). The appointment was in terms of Sections 3 and 4 of the Karnataka State Minorities Commission Act, 1994 (hereinafter referred to as 'the Act' for short). The petitioner completes his first tenure on 15-10-2022. On completion of first tenure, an order comes to be passed continuing the petitioner as Chairman of the Commission for another term of three years, for it come to an end on 15-10-2025. When the petitioner was functioning as Chairman of the Commission, the men who man the Government changed. On 22-05-2023 a tippani emerges from the office of the Chief Minister which is communicated by the Chief Secretary to all the Departments. The communication was that the nominations made by the earlier Government will have to be annulled. In furtherance of the aforesaid communication/tippani a Notification comes to be issued on 22-05-2023 by which the continued nomination of the petitioner/2nd tenure is cancelled. The petitioner represents to the respondent/State on 24-05-2023 seeking to withdraw the said Notification. Owing to the representation, a Notification comes to be issued on 24-05-2023 withdrawing the Notification dated 22-052023 whereby the notification which cancelled the nomination of the petitioner for the second tenure comes to be withdrawn.

4. The petitioner continues as Chairman of the Commission.

The petitioner between the dates 22-05-2023 and 24-05-2023 had submitted a representation 23-05-2023 seeking consideration of the said representation to complete the term as a Chairman for another 2 years and 5 months. When there was delay in consideration of the said representation, he had knocked at the doors of this Court in the subject petition by filing it on 05-08-2023. This Court initially issued notice to the respondents. During the pendency of the petition, it appears, the Government issues a Notification on 15-12-2023 cancelling the nomination of the petitioner as Chairman of the Commission. An application comes to be filed after issuing of the said Notification and this Court on 19-12-2023, on the application passes an order, which reads as follows:

'Heard Smt. Lakshmi Iyengar, learned senior counsel for the petitioner.

Learned Additional Government Advocate waives notice for the respondents - State.

ORDER ON I.A.NO.1/2023

Heard Smt. Lakshmi Iyengar, learned senior counsel for the petitioner and the learned Additional Government Advocate for the respondents - State.

The petitioner is appointed as the Chair Person of the Karnataka State Minorities Commission by an order dated 15.10.2019 for a period of three years and subsequently, the tenure is extended on the same terms and conditions on 15.10.2022, again for a period of 3 years