Case Note & Summary
The case pertains to the election to the Karnataka Legislative Council from the 12-Chikkamagaluru Local Authorities Constituency held in 2021. The constituency comprises members of various local bodies including Zilla Panchayat, Taluk Panchayat, Municipal Councils, and Town Panchayats. In four Town Panchayats, namely Koppa, Mudigere, Sringeri, and Narasimharajapura, three members each were nominated by the State Government under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 (KMA), resulting in a total of 12 nominated councillors whose names were included in the electoral rolls. Elections were notified on 16.11.2021, polling took place on 10.12.2021, and counting was conducted on 14.12.2021. Out of 2410 votes polled, 2371 votes were valid. The appellant secured 1188 votes (including votes of nominated members), while Respondent No.1 secured 1182 votes, and the appellant was declared elected by a narrow margin of 6 votes. The election of the returned candidate was challenged by way of election petitions before the High Court of Karnataka, which set aside the election. The Division Bench of the High Court affirmed the findings of the Single Judge and upheld the interpretation that nominated members were not entitled to vote. The Supreme Court, however, reversed the High Court's decision, holding that nominated councillors under Section 352(1)(b) of the KMA are entitled to vote in elections to the Legislative Council from Local Authorities Constituencies. The Court allowed the appeals, set aside the impugned orders, and dismissed the election petitions.
Headnote
A) Election Law - Voting Rights of Nominated Members - Interpretation of Section 352(1)(b) of Karnataka Municipalities Act, 1964 - The core issue was whether nominated councillors under Section 352(1)(b) of the KMA are entitled to vote in elections to the Karnataka Legislative Council from Local Authorities Constituencies. The Court held that nominated members are entitled to vote as they are 'members' of the local authority and their inclusion in the electoral rolls is valid. (Paras 4-5) B) Election Law - Electoral Rolls - Inclusion of Nominated Councillors - The Court examined the validity of including 12 nominated councillors in the electoral rolls for the 12-Chikkamagaluru Local Authorities Constituency. It held that the nomination under Section 352(1)(b) makes them councillors with full voting rights, and their votes were rightly counted. (Paras 4-5)
Issue of Consideration
Whether nominated councillors under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are entitled to vote in elections to the Karnataka Legislative Council from Local Authorities Constituencies.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgments and orders of the High Court, and dismissed the election petitions. The election of the appellant was upheld.
Law Points
- Interpretation of Section 352(1)(b) of Karnataka Municipalities Act
- 1964
- Voting rights of nominated members
- Election to Legislative Council from Local Authorities Constituencies
- Validity of inclusion of nominated councillors in electoral rolls
