IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2025 PRESENT THE HON’BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K.V. ARAVIND WRIT APPEAL NO. 632 OF 2024 (GM-RES)

BETWEEN:

1 . SRI M. BASAVARAJ NAIK S/O LATE MANYA NAIK AGED ABOUT 60 YEARS R/AT NO.1569/45, 3^RD CROSS TARALABALU BADAVANE VIDYA NAGAR DAVANAGERE - 577 005 ... APPELLANT (BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI B. VINAYAKA, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS M.S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY

2 . THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS ADDITIONAL SECRETARY

3 . THE COMMISSIONER DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING BENGALURU - 560 001

4 . CENTRAL RELIEF COMMITTEE M.S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY ... RESPONDENTS (SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT. SHWETA KRISHNAPPA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 SRI H.N. VASUDEVAN, ADVOCATE AND MS. ADOORYA BOMAKKA HARISH, ADVOCATE FOR CAVEATOR/RESPONDENT No.4)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE FINAL ORDER DATED 05.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.10994/2023 AND CONSEQUENTLY ALLOW THE WRIT PETITION No.10994/2023.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K.V. ARAVIND C.A.V. JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The challenge in this appeal preferred by appellant-original petitioner, under Section 4 of the Karnataka High Court Act, 1961 is addressed to the common judgment and order of learned Single Judge dated 5^th April 2024 in two writ petitions, in so far as the said judgment and order is relatable to decision in writ petition No.10994 of 2023, whereby the petition came to be dismissed.

2. What was prayed by the petitioner in his petition was to set aside communication dated 22^nd May 2023 issued by the Chief Secretary, whereby the nomination of the petitioner as a member and consequently as Chairman of the Central Relief Committee was cancelled before expiry of the term for which the petitioner was nominated.

3. As per Section 4(3) of the Karnataka Prohibition of Beggary Act, 1975 (hereinafter referred to as ‘the Act’). The term of office of the non-official members is three years. The petitioner was nominated on 26^th July 2022 and came to be displaced from the post by Notification dated 23^rd May 2023.

3.1 Section 4 of the Act which provides for Central Relief Committee and under which the nomination of the petitioner as non-official member and consequential appointment in capacity of member to the post of Chairman is governed, reads as under:

“4. Central Relief Committee-

(1) The Government may by notification constitute a Central Relief Committee (hereunder referred to as the Committee).

The Committee shall consist of,-

(a) The Secretary to Government Social Welfare and Labour Department … Member (b) The Director of Social Welfare in Karnataka … Member (c) The Secretary to Government, Finance Department … Member (d) Four non-official members nominated by the Government … Members The Government may appoint one of the Members of the Committee as its Chairman and appoint a Secretary who may or may not be a member of the Committee.

(3) Subject to the pleasure of the State Government, the term of the office of the non- official members shall be for a period of three years:

Provided that if a non-official member of the Committee absents himself without permission of the Committee for two consecutive meetings of the Committee, he shall cease to be a member.

(4) (a) Casual or other vacancies in the Committee shall be filled by the Government in the prescribed mann