Thyagarajan vs State of Karnataka and Others

The prayer in the writ petition is for the issue of writ of prohibition to respondents-3 to 29 from acting as City Municipal Councillors of Robertsonpet in Kolar District.

The argument is founded on the proposition that the City Municipal Council in question which was a Town Municipal once having been declared to have become a City Municipal Council, the Town Municipal Councillors, cannot ipso facto continue as City Municipal Councillors, having regard to the nature of Section 361 of the Karnataka Municipalities Act, 1964.

Section 361 of the said Act provides for conversion of Town Municipalities into city Municipalities. While sub-Section (1) of the said Section empowers State Government to declare by notification the change effected in the character of the Town Municipal Council, Sub-section(2) thereof provides for the provisions of the Karnataka Municipalities Act applicable to Town Municipal Councils ceasing to apply after such declaration with effect from the date of the declaration made under sub-section (1) of section 361. However, sub-section 3 of section 361 provides for saving of all acts including notifications, issued in respect of Municipality declared as a City Municipal Council under Sub-section (1) and such notifications, orders, scheme, rule and bye-law or form shall continue to be operative and shall be deemed to have been issued and imposed under the provisions of the Karnataka Municipalities Act till their supersession by fresh appointments; fresh notification etc.,

Election to the Town Municipal Council, when held and the results declared, results in a notification of the elected councillors under the provisions of the Act. Therefore, sub-section 3 saves that notification in respect of Robertsonpet Town Municipal Council, which is now declared to be a City Municipal Council.

No merit in this writ petition. Petition is rejected.