Wednesday, Apr 06, 2005
Wednesday, Apr 06, 2005 |
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Bangalore
By Our Staff Reporter
BANGALORE, APRIL 5. The Karnataka High Court on Tuesday dismissed an appeal by the State Government challenging the stay on the appointment of an Administrator to the City Corporation of Bellary. A single judge had on Friday stayed the appointment on a petition by the Mayor, Gali Somashekara Reddy, and 17 councillors. Challenging the appointment of the Deputy Commissioner of Bellary as the Administrator, the petitioners said that they were elected in May 2001 and their term would end on June 12, 2006. On September 28, 2004, the State notified the then Bellary City Municipal Council as a larger area and constituted the City Corporation of Bellary. The notification was placed before the municipal council, which approved it on the condition that the tenure of the councillors would not be disturbed. But on March 28, 2005, the State dissolved the Bellary City Municipal Council and appointed the Deputy Commissioner as the Administrator of the City Corporation of Bellary. The petitioners said they were all elected members and their tenure could not be curtailed. They had said it was a ploy by the ruling party to remove the elected members. Section 503 (3) (a), (b) and (c) of the Karnataka Municipal Council Act specifies that once a City Municipal Council is declared a larger area, it will exercise the powers of a corporation, the president of the council will become the Mayor and will be in force till the first meeting of the corporation. The petitioners had said that the Government action in appointing an Administrator is illegal and arbitrary and contrary to the agreement it had arrived at with the then municipal council. They had sought a stay on the appointment and a single judge had granted the stay. In its appeal, the Government urged a Division Bench comprising Justice S.R. Nayak and Justice Anand Byrareddy to vacate the stay. It said the single judge had erred in staying the appointment. The Bench dismissed the appeal, saying there was no reason to vacate the stay.
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