Case Note & Summary
A batch of writ petitions was filed before the High Court of Karnataka at Bengaluru challenging the constitutional validity of Section 7 of the Karnataka Municipal Corporations Act, 1976, which confers voting rights on Members of Parliament, Members of Legislative Assembly, and Members of Legislative Council in the election of Mayor, Deputy Mayor and Standing Committees of Bruhat Bengaluru Mahanagara Palike (BBMP). The petitioners, including councillors, citizens and an anti‑corruption activist, sought declarations that the provision is unconstitutional, writs of prohibition to restrain ex-officio members from voting, and directions that only directly elected councillors should vote. One petition also questioned Article 243R of the Constitution and the 73rd/74th Amendments as violative of the basic structure doctrine. Another petition sought a writ of quo warranto against two MLCs alleging disqualification due to multiple constituency enrolment under Section 17 of the Representation of People Act, 1950. The matter came up before Hon’ble Mr. Justice Raghvendra S. Chauhan. The judgment was delivered on 27 November 2015, but the extracted text includes only the cause title and prayers; the court’s reasoning, arguments and final decision are not available in the provided text.
Issue of Consideration
Whether Section 7 of the Karnataka Municipal Corporations Act, 1976, in so far as it permits Members of Parliament, Members of Legislative Assembly, and Members of Legislative Council to vote in the election of Mayor, Deputy Mayor and office bearers of the Corporation, is unconstitutional and violative of Article 243R of the Constitution of India; Whether Article 243R itself violates the basic structure of the Constitution; Whether ex-officio members have voting rights in such elections; Whether the election of Mayor/Deputy Mayor must be conducted solely on the basis of votes of directly elected councillors; Whether certain MLCs are disqualified for being voters in more than one constituency under Section 17 of Representation of People Act, 1950
Law Points
- voting rights of ex-officio members in municipal corporations
- Section 7 of Karnataka Municipal Corporations Act 1976
- Article 243R of Constitution of India
- election of Mayor and Deputy Mayor
- standing committees
- basic structure doctrine
- 73rd and 74th Amendments
- quo warranto
- electoral rolls
- multiple constituency voting
Case Details
2015 LawText (KAR) (11) 25
W.P. Nos. 37111-37115/2015 and connected matters
Raghvendra S. Chauhan, J.
Sri. Ashok Haranahalli, Senior Advocate; Sri. R. Subramanya; Sri. K.G. Raghavan, Senior Advocate; Mr. Tejaswi Surya; Prof. Ravivarma Kumar, Advocate General; Sri. D. Aswathappa, AGA; Sri. S. Vijay Shankar, Senior Advocate; Sri. K.N. Puttegowda; Sri. Udaya Holla, Senior Advocate; Sri. D. Srinivasa Murthy; Sri. Krishna Dixit, CGSC; and others
Smt. Pramila M. and Others
State of Karnataka and Others
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Nature of Litigation
Constitutional challenge to the voting rights of ex-officio members under Section 7 of the Karnataka Municipal Corporations Act, 1976, in elections for Mayor, Deputy Mayor and Standing Committees of the Bruhat Bengaluru Mahanagara Palike (BBMP).
Remedy Sought
The petitioners sought declarations that Section 7 is unconstitutional; writs of prohibition to restrain ex-officio members from voting; and directions that only directly elected councillors should vote in such elections. One petition also sought a writ of quo warranto against two MLCs.
Filing Reason
The petitioners contended that permitting MPs, MLAs and MLCs to vote in municipal elections undermines the democratic principle of local self-government, dilutes the vote of directly elected councillors, and violates Article 243R of the Constitution as well as the basic structure doctrine.
Issues
Whether Section 7 of the Karnataka Municipal Corporations Act, 1976, insofar as it permits Members of Parliament, Members of Legislative Assembly, and Members of Legislative Council to vote in the election of Mayor, Deputy Mayor and Standing Committees of the Corporation, is unconstitutional?
Whether Article 243R of the Constitution of India permits ex-officio members to vote in such elections?
Whether the 73rd and 74th Amendments to the Constitution are violative of the basic structure insofar as they allow voting by ex-officio members?
Whether the election of Mayor, Deputy Mayor and office bearers must be conducted solely on the basis of votes of directly elected councillors?
Whether certain MLCs are disqualified from voting due to multiple constituency enrolment under Section 17 of the Representation of People Act, 1950?
Whether writ of quo warranto lies against the said MLCs?
Procedural History
The writ petitions were filed in 2015. On 29.09.2015, the court allowed an application (I.A. No. 4/2015) to amend the petition to add respondents. In W.P. No. 38074/2015, Union of India was impleaded as respondent No.4 vide order dated 09.10.2015 on I.A.-1/2015. The matters were listed before Hon’ble Mr. Justice Raghvendra S. Chauhan and reserved for judgment, which was delivered on 27.11.2015.
Acts & Sections
- Karnataka Municipal Corporations Act, 1976: 7
- Constitution of India: 243R, 242R (mentioned as Article 242R)
- Representation of People Act, 1950: 17
