IMPORTANT POINT
The State retains authority to appoint Group A officers under Rule 4(a) of BBMP Rules, ensuring efficient governance and compliance with statutory provisions.

ORDER :

Sachin Shankar Magadum, J.

The captioned petition is by the officer and employees of the Bruhat Bengaluru Mahanagara Palike (BBMP) assailing the constitutional validity of Rule 4(a) of BBMP (General Cadre and Recruitment of Officers and Employees) Rules, 2018 (for short 'the 2018 Rules').

2. The facts leading to the case are as under:

Respondent No.1/State published a draft of the 2018 Rules. The petitioner/Association filed its objections to the said draft that lead to constitution of committee by respondent No.1/State to examine the objections tendered. Petitioner/Association is aggrieved by the approval of the draft by the respondent No.1/State. Petitioner contends that Rule 4(a) of Cadre and Recruitment of Officers and Employees is not in conformity with the provisions of the Karnataka Municipal Corporations Act, 1976 (KMC Act) and is ultra vires to the provisions of Sections 82, 84, 89 and 69 of the KMC Act. Petitioners are aggrieved on the ground that their objections were not properly examined by the committee before approving the draft of the 2018 Rules.

3. Learned Senior Counsel reiterating the grounds urged in the petition has vehemently argued and contended that as on the date of filing of this petition, KMC Act was still holding the field. He has placed reliance on Section 84 of the KMC Act, 1976. Referring to Section 84, it is argued that the impugned legislation more particularly Rule 4(a) of Rules, 2018 clearly contravenes the statutory scheme more particularly Section 84 of the KMC Act, 1976. He has cited Section 82 of KMC Act to indicate that the State has already appointed its officers to the municipal corporations. Similarly, he has also cited Section 83 of the KMC Act vesting power on the State to appoint officers from Karnataka Municipal Administrative Service. Referring to Section 86 of KMC Act, he would point out that it clearly deals with the power of the State to appoint Special Health Officers. Referring to this Section, he would contend that pending consideration of the captioned petition, BBMP Act, 2020 is enacted with effect from 11.01.2021. Referring to Chapter VI of the BBMP Act, he would contend that said Chapter regulates the appointment and conditions of service of Corporation Officers. Referring to Section 375(1) of the Bruhat Bengaluru Mahanagara Palike (BBMP) Act, 2020 and Sections 97 and 98 under Chapter VI, he would point out that State can depute its officers from other departments of State Civil service to BBMP in certain cadres. Referring to Section 106 of BBMP Act, he would vehemently argue and contend that municipal governance, Bengaluru exclusively vests with the BBMP and the Corporation is vested with the powers as indicted in the Act and also perform such functions and discharge duties as prescribed by and under the Act.

4. Referring to this multiple sections of KMC Act and BBMP Act, learned Senior Counsel has vehemently argued and contended that the entire scheme does not provide for government as an appointing authority in respect of any cadre or office, particularly in respect of Group A posts.

5. Countering the States arguments and judgments cited in its support, learned Senior Counsel would point out that the statement of objections does not spell out the source from which State Government gets power to appoint Group A posts. He would further point out that the State is not vested with power and the same is not expressly provided under the Statute and therefore, State could not have created authority in itself while framing Rules and thereby reserving right to recreate Group A posts. Referring to Section 69 of KMC Act, 1976, he submitted that the said Section needs to be read harmoniously and Section 105 should not be rendered otiose and therefore, requires harmonious construction. Referring to the material on record, he would further contend that if State Government has to be an appointing authority in respect of Group A post, it would have expressly provided for such power