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2025 Supreme(Online)(KAR) 692

HIGH COURT OF KARNATAKA
N S SANJAY GOWDA, J
SRI P H PUJAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Petitioner Advocates:NAGARAJAPPA A ,Respondent Advocate: GA

CAV ORDER

1. The petitioner is a Member of the Legislative Council (MLC) elected from the Local Body Constituency in the year 2020. He has filed this petition challenging the communication dated 10.09.2024 which has been addressed by respondent No.4 to respondent No.3 by which the earlier opinion of the Department of Parliamentary Affairs was withdrawn and the opinion dated 10.09.2024 was ordered to be implemented.

2. This communication essentially states that the petitioner by virtue of being an MLC cannot participate in the proceedings of the Bagalkot Town Development Authority (BTDA) and can only participate in the proceedings of the Bagalkot Urban Development Authority (BUDA). In short, the petitioner contends that by virtue of being an MLC representing the Local Body Constituency, he is not entitled to be a part of the BTDA, but can only be a member of the BUDA, which had been constituted under Act No.13 of 1985.

3. In order to appreciate the contentions urged by the petitioner, an analysis of the provisions of the four statutes would be necessary.

4. For the sake of convenience, these statutes are segregated in relation to time during which they are enacted.

1976:

5. The Karnataka

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