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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
ANANT RAMANATH HEGDE
Ashfaq Ahamed, S/o. Mohamed Ali Sheik – Appellant
Versus
State Of Karnataka, Department Of Urban Development, Rept. By Its Secretary – Respondent
ORDER :
ANANT RAMANATH HEGDE, J.
Whether the administrator can be appointed under the Karnataka Municipalities Act, 1964 (for short ‘Act, 1964’) in case the election to the Municipal Council is not held before the expiry of the tenure of the elected Municipal Council, is the question that needs to be resolved.
2. It is admitted that in all the petitions, the 5 years’ term of the Municipal Council has come to an end.
3. The petitioners contend that the State has no power either under the Act, 1964 or under the Constitution of India to appoint the Administrator in a situation where the election is not held to the Municipal Council even after expiry of its five years’ tenure.
4. Learned senior counsel Sri Jaykumar S. Patil appearing for the petitioners raised the following contentions:-
(a) Under Article 243(U) of Constitution of India there is a mandate to hold elections within 5 years from the date of first meeting.
(b) There is no provision under the Constitution of India to appoint an Administrator in case election is not held before completion of five years’ tenure.
(c) Sections 42 or 315 of Act, 1964 do not enable the State to appoint the Administrator in case elections are not held to
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