Case Note & Summary
The petitioners, four nominated councilors of Malur Town Municipal Council, filed a writ petition under Article 226 of the Constitution of India challenging a letter dated 22.12.2021 issued by the Tahsildar and Election Officer (Respondent No.2) which prevented them from voting in the election for the post of President of the Council scheduled for 30.12.2021. The petitioners sought a declaration that they were entitled to vote as nominated councilors under Section 42(2) of the Karnataka Municipalities Act, 1964, and that their votes cast in the election were valid. The respondents, including the State of Karnataka and the Tahsildar, opposed the petition, arguing that nominated councilors do not have the right to vote in the election for President. The court examined the provisions of the Karnataka Municipalities Act, 1964, particularly Section 42(2), which deals with the election of President and Vice President. The court noted that the Act defines 'councilor' to include nominated members, and Section 42(2) provides that the President and Vice President shall be elected by the councilors from among themselves. There is no provision excluding nominated councilors from voting. The court held that the letter dated 22.12.2021 was without authority of law and quashed it. The court further declared that the votes cast by the petitioners in the election held on 30.12.2021 were valid and sustainable in law. The petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Voting Rights of Nominated Councilors - Section 42(2) Karnataka Municipalities Act, 1964 - The petitioners, nominated councilors of Malur Town Municipal Council, were prevented from voting in the election for President held on 30.12.2021 based on a letter from the Tahsildar and Election Officer. The court held that nominated councilors are councilors within the meaning of the Act and are entitled to vote under Section 42(2), which does not restrict voting rights to elected councilors only. The letter dated 22.12.2021 was quashed and the votes cast by the petitioners were declared valid. (Paras 1-10)
Issue of Consideration
Whether nominated councilors are entitled to vote in the election for the post of President/Vice President under Section 42(2) of the Karnataka Municipalities Act, 1964.
Final Decision
The writ petition is allowed. The letter dated 22.12.2021 issued by the 2nd respondent is quashed. It is declared that the petitioners as nominated councilors are entitled to cast their vote in the election for the post of President/Vice President under Section 42(2) of the Karnataka Municipalities Act, 1964. The votes cast by the petitioners in the election held on 30.12.2021 for the post of President in the respondent No.3 Council are declared as valid and sustainable in law. No order as to costs.
Law Points
- Nominated councilors are entitled to vote in election for President/Vice President under Section 42(2) of the Karnataka Municipalities Act
- 1964
- Section 42(2) of Karnataka Municipalities Act
- Article 226 of Constitution of India
