Case Note & Summary
The appellant, Sri M. Basavaraj Naik, was nominated as a non-official member and Chairman of the Central Relief Committee under the Karnataka Prohibition of Beggary Act, 1975 on 26 July 2022. His term was for three years under Section 4(3) of the Act. However, by a communication dated 22 May 2023 and notification dated 23 May 2023, the State Government cancelled his nomination before the expiry of the term. The appellant challenged this cancellation in a writ petition before a learned Single Judge, who dismissed the petition. Aggrieved, the appellant filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961. The core legal issue was whether the government had the power to cancel the nomination of a non-official member before the expiry of the three-year term prescribed under Section 4(3) of the Act. The appellant argued that the term of three years was a fixed tenure and could not be curtailed without cause. The respondents contended that the provision only prescribed a maximum term and did not confer a right to hold office for the full period; the government retained the power to cancel at any time. The Division Bench, comprising the Chief Justice and Justice K.V. Aravind, upheld the Single Judge's decision. The court held that Section 4(3) merely sets the maximum term of office and does not create a vested right to continue for the entire period. The power to nominate includes the power to cancel, and the government's decision to cancel the nomination was within its discretion and not arbitrary. The appeal was dismissed, affirming the cancellation.
Headnote
A) Statutory Interpretation - Term of Office - Section 4(3) Karnataka Prohibition of Beggary Act, 1975 - The provision prescribing a three-year term for non-official members does not confer a right to hold office for the full term; the government retains the power to cancel nomination at any time without assigning reasons. (Paras 3-5)
B) Administrative Law - Power to Cancel Nomination - Section 4(3) Karnataka Prohibition of Beggary Act, 1975 - The government's power to nominate includes the power to cancel nomination; the term 'term of office' is not a guarantee of tenure but a maximum period. (Paras 4-6)
C) Writ Jurisdiction - No Right to Hold Office - The petitioner had no vested right to continue as Chairman; the cancellation was within the government's discretion and not arbitrary. (Paras 5-7)
Issue of Consideration
Whether the nomination of a non-official member as Chairman of the Central Relief Committee under the Karnataka Prohibition of Beggary Act, 1975 can be cancelled before the expiry of the three-year term, and whether the petitioner had a vested right to continue for the full term.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the learned Single Judge and confirming the cancellation of the appellant's nomination.
Law Points
- Statutory interpretation
- Term of office
- Power to cancel nomination
- No right to hold office for fixed term
- Government's discretion
Case Details
2025 LawText (KAR) (01) 12
Writ Appeal No. 632 of 2024 (GM-RES)
N.V. Anjaria, Chief Justice, K.V. Aravind, J.
Sri Ashok Haranahalli, Senior Advocate for Sri B. Vinayaka, Advocate for appellant; 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
The State of Karnataka, Department of Personnel and Administrative Reforms; The State of Karnataka, Department of Social Welfare; The Commissioner, Department of Social Welfare; Central Relief Committee
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Nature of Litigation
Writ appeal against dismissal of writ petition challenging cancellation of nomination as Chairman of Central Relief Committee under the Karnataka Prohibition of Beggary Act, 1975.
Remedy Sought
The appellant sought to set aside the communication dated 22 May 2023 cancelling his nomination and to allow the writ petition.
Filing Reason
The appellant's nomination as a member and Chairman of the Central Relief Committee was cancelled before the expiry of the three-year term prescribed under Section 4(3) of the Act.
Previous Decisions
The learned Single Judge dismissed the writ petition (W.P. No.10994/2023) on 5 April 2024.
Issues
Whether the government has the power to cancel the nomination of a non-official member under Section 4(3) of the Karnataka Prohibition of Beggary Act, 1975 before the expiry of the three-year term.
Whether the petitioner had a vested right to continue as Chairman for the full term.
Submissions/Arguments
The appellant argued that the three-year term under Section 4(3) is a fixed tenure and cannot be curtailed without cause.
The respondents contended that the provision only prescribes a maximum term and does not confer a right to hold office for the full period; the government retains the power to cancel at any time.
Ratio Decidendi
Section 4(3) of the Karnataka Prohibition of Beggary Act, 1975 prescribes the maximum term of office for non-official members but does not confer a right to hold office for the full term. The government's power to nominate includes the power to cancel the nomination at any time, and such cancellation is not arbitrary.
Judgment Excerpts
The term of office of the non-official members is three years.
The petitioner was nominated on 26th July 2022 and came to be displaced from the post by Notification dated 23rd May 2023.
Procedural History
The appellant filed Writ Petition No.10994/2023 before the High Court of Karnataka challenging the cancellation of his nomination. The learned Single Judge dismissed the petition on 5 April 2024. The appellant then filed the present Writ Appeal No.632/2024 under Section 4 of the Karnataka High Court Act, 1961, which was heard and reserved for judgment, and pronounced on 23 January 2025.
Acts & Sections
- Karnataka Prohibition of Beggary Act, 1975: Section 4(3)
- Karnataka High Court Act, 1961: Section 4
