Case Note & Summary
The petitioner, Smt. N. Tulasi Ravi, Vice President of the City Corporation, Chintamani, Chikkaballapura District, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus against the respondents, particularly the President of the City Corporation (Respondent No.2). The petitioner alleged that the President had failed to convene any meeting of the City Corporation to address public grievances, despite her representations dated 13.11.2015 and 08.03.2016. She sought a direction to the respondents to consider her representations and take immediate appropriate action, including referring the matter for investigation to the CID or any other agency. The High Court of Karnataka, presided over by Dr. Justice Vineet Kothari, heard the matter at the preliminary hearing stage. The Court noted that the petitioner had not pointed out any provision of the Karnataka Municipal Corporations Act, 1976, or any Rules framed thereunder, that imposes a duty on the President to convene meetings at the behest of the Vice President. The Court held that a writ of mandamus can only be issued to enforce a legal right or a statutory duty, and in the absence of such a right or duty, the petition was not maintainable. Consequently, the Court dismissed the writ petition with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Enforceable Legal Right - The petitioner, Vice President of City Corporation, sought a writ of mandamus to direct the President to convene meetings and consider representations. The Court held that a writ of mandamus can only be issued to enforce a legal right or statutory duty, and the petitioner failed to establish any such right or duty under the Karnataka Municipal Corporations Act, 1976. (Paras 1-6)
B) Municipal Law - Karnataka Municipal Corporations Act, 1976 - Meetings - The Court observed that the petitioner did not point out any provision of the Act or Rules that imposes a duty on the President to convene meetings at the behest of the Vice President. The petition was dismissed as not maintainable. (Paras 1-6)
Issue of Consideration
Whether a writ of mandamus can be issued to compel the President of a City Corporation to convene meetings, in the absence of a statutory duty or enforceable legal right.
Final Decision
The writ petition was dismissed as not maintainable. No order as to costs.
Law Points
- Writ of mandamus
- Enforceable legal right
- Public duty
- Discretionary remedy
- Alternative remedy
Case Details
2016 LawText (KAR) (07) 60
Writ Petition No.23091 of 2016 (LB-RES)
Dr. Justice Vineet Kothari
Sri Narayana Swamy V K (for petitioner), Sri V Sreenidhi (AGA for respondent No.1)
The State of Karnataka, President of City Corporation Chintamani, Assistant Executive Engineer City Corporation Chintamani
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Nature of Litigation
Writ petition seeking a writ of mandamus against the President of City Corporation for failure to convene meetings.
Remedy Sought
Direction to respondents to consider petitioner's representations dated 13.11.2015 and 08.03.2016 and take immediate appropriate action, including referring the matter for investigation to CID or any other agency.
Filing Reason
Petitioner alleged that the President of City Corporation failed to convene any meeting to address public grievances despite her representations.
Issues
Whether a writ of mandamus can be issued to compel the President of a City Corporation to convene meetings in the absence of a statutory duty or enforceable legal right.
Submissions/Arguments
Petitioner argued that the President failed to convene meetings despite her representations.
Respondent No.1 (State) was represented by AGA, but no specific arguments are recorded in the judgment.
Ratio Decidendi
A writ of mandamus can only be issued to enforce a legal right or a statutory duty. The petitioner failed to establish any such right or duty under the Karnataka Municipal Corporations Act, 1976, or any Rules framed thereunder.
Judgment Excerpts
It is indeed unfortunate that the petitioner, Smt.N.Tulasi Ravi, Vice President, City Corporation, Chintamani, Chikkaballapura District, has approached this Court seeking a writ of mandamus against respondent No.2, the President of the same City Corporation, Chintamani, Chikkaballapura, who, according to the petitioner, has failed to convene any meeting of the City Corporation to address the public grievances, which the petitioner claims to have been representing before him.
The petitioner has not been able to point out any provision of the Karnataka Municipal Corporations Act, 1976 or any Rules framed thereunder, which casts a duty upon the President to convene the meetings at the behest of the Vice President.
In the absence of any such legal right or statutory duty, the present writ petition for issuance of a writ of mandamus is not maintainable.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It came up for preliminary hearing before the High Court of Karnataka at Bengaluru on 13.07.2016, and the Court dismissed the petition at that stage.
Acts & Sections
- Karnataka Municipal Corporations Act, 1976:
