IN TEE HIGH COURT or KARNATAKA,
CIRCUIT BENCH AT DHARWAD
DATED THIS ow FRIDAY,
2008 .' ,,
BEFORE _~m-
HON' BLE MR. JUSTICE V}S.SAEHAHIT"l
AND ; ', ',_A' :
HON' BLE MR. JUSTICE S:§.SAT¥ANARA¥AHfi~-w=
WP NO 35264 OF 20§4;{LB&EL?M§II
BETWEEN
L
(BY
KESHAV PARAMESHWARHSEETTI, "
Age 49 4I'._ f I'; _"QWx ,
49 YRS. COUfiCILLGR 3" "._*'°~~
or CMC,SIRSI_f.".;,"¢_'5'g' »
EEHINDIMAEKAMBA»TEM?LE;»sIRsI
TALfiK_SIRSI}gU_K,BISFRI€$_f
j '*«;_ 1' _*.' . PETITIONER
Sri JAYAKUMAR s EATIE &'ASSOCIATES, ADVS)
THE STATE QE-KAENETAKA
+~'%*<:I.e,= hull ' .....
"BY ITS SECRETARY TO GOVT
IvDEPT'OF,MUNICIPAL ADMINISTRATION
"EM'sfEuILEING, DR B R AMBEDKAR VEEDHI
IV."EANGAIQRE,56e 001
IHE<$SsIsTANT COMMISSIONER
Age;'null
"n,sIRsI SUB DIVISION
I BER RETURNING OFFICER
"CMC SIRSI
} U K QISTRICT
TEE CITY MUNICI?AL COUNCIL
Age: null
SIRSI, U K DISTRICT
BY ITS COMMISSIONER
26 TH DAY OF sE9TEMEEgg:7,"x
H RESOPNDE§TSz
{By Sri UMESH R.MALIMATH, GA FOR R1 & R2$f""h"'
sR:.T.L.K1RAN KUMAR, ADV FOR R3) '
THIS wp IS FILED U/A 226_ & <227=foF* Teen, '
CONSTITUTION or INDIA ?RAxiNG"TD} QUASfi_ THE
NOTIFICATION VIDE AI'~¥N.D DT.1":9'""2Q'G4"v ISSUED
1, IN SC) FAR AS IT PERTAlNS'.fI'O'._T§wIE
PRESIDEN? OF THE R»3, SHOWN AT sL,No,315'5viMm,
THIS we COMlNGg ON ,FOR "HEARING '?HIS} DAY,
SABHAHI§ J., MADE THE FDLLQw:we:_=_
Thie~Qfit fietition is filed challenging the
notifioationVli§eneel,§y 'the Government dated
1 . 9 . 2094 ,' __gn»--;j~rlé:._;§" Government has notified
alloteent of the offices of President and Vice
'Vt ?residient_tovvarieus categories for the EV term
in'feepeét ee 34 City Municipal Councils under
it Rule 13 ane7l3~A of the Karnataka Municipalities
u"",lfBresieent and Vice President) Election
x"--l€Amen&ment) Rules 2901.
2. It is the contention of the leazned
"".VvvVC'ounsel for the petitioner that he was elected
from Ward No.9 of third respondent Municipal
\VM3
Council, which was reserved for BCA category and
that he is affected by the notification
regarding allotment of posts of President iand
Vice President.
3. It is clear from the application filed 2
by the petitioner on 4.11.2004 teat the term End’
Councillors for resopndentIRo,3 is for a=pé:i¢d
of 30 months and out of the said period of 30
months already five montna have been_lapsed and
the Deputyt Commissioner lgwas I appointed as
Adminiatrator,W,ain the objections statement, it
is averred that the offioes of the President of
CMC,ifiirsirvfifidresfiondent has been allotted to
‘eoA””fihaér_ Goternment Notification dated
°i3;g§2dQ¢,aég§gr Annexure–R2. Therefore, having
regard to fithe above said facts and since the
Vpost of LPresident and Vice President in the
hthird§ respondent Municipality was allotted to
‘d*_lfBfiA by notification dated 13.9.2004 and the term
u”,fer which the said notification be operative has
also expired, the writ petition has become
infructuoua and the prayer sought for in the
\¢,9
writ petition does not survive , for
consideration. Accordingly, the writ_3fiétitiéfi ”
is disposed of as such.
Nd/