The Hindu : Karnataka / Bangalore News : High Court refuses to extend BMP Council term

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Friday, Nov 24, 2006
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Karnataka

Karnataka - Bangalore

High Court refuses to extend BMP Council term

Staff Reporter

High Courtround-up

BANGALORE: The Karnataka High Court on Thursday refused to extend the term of office of corporators of the Bangalore Mahanagara Palike (BMP), saying that there was no provision in the statute or in the Karnataka Municipal Corporation (KMC) Act for issuing such a direction.

The court refused to grant interim orders as sought for by the former Mayor and Congress leader, P.R. Ramesh, seeking extension of tenure of the corporators as the term was scheduled to come to an end on November 23.

Mr. Ramesh, corporator for V.V. Puram, had petitioned the court seeking a direction to the Government to extend the term of office of the Mayor, Deputy Mayor and other corporators who were elected to the civic body in 2001 and continue them till fresh elections were held and a new council took charge.

Another plea was to announce the calendar of events for the election.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Rammohan Reddy said it had admitted the petition and given time to both the State Government and the State Election Commission (SEC) to file affidavits stating the reasons for not announcing the calendar of events.

In its interim order, the Bench noted that as per Section 8 of the KMC Act, 1976, the term of office of corporators directly elected shall be for five years and that it would commence from the date of the first meeting of the corporation.

It said the BMP's first meeting was held on November 24, 2001 and, therefore, its term would end on November 23, 2006.

Earlier, the Chief Justice sought to know from the SEC the reasons for not holding the elections to the BMP Council.

Plea dismissed

The court dismissed a petition questioning the validity of a notification issued by the State Government in proposing to constitute a greater Bangalore authority by amalgamating seven city municipal corporations and one town municipal council with the Bangalore Mahanagara Palike (BMP).

The former Mayor, Mr. Ramesh, had questioned the validity of the November 2, 2006 notification, saying that it was illegal, unconstitutional and ultra vires.

He had prayed to the court to stay all further proceedings pursuant to the notification.

The notification issued in the name of the Governor under Section 4 (1) A of the Karnataka Municipal Corporation (KMC) Act said it was proposed to constitute a Bruhut Bangalore Mahanagara Palike for better management of civic amenities.

Gomal land

A Division Bench of the Karnataka High Court comprising Justice V. Gopal Gowda and Justice C.R. Kumaraswamy on Wednesday issued directions to the State on the grant of "gomal" land for cultivation.

Setting aside the order of a single judge who had said that "gomal" land could not be granted to those cultivating it unauthorisedly, the Bench said there was nothing wrong if such land was diverted for other purposes when there was no sufficient cattle.

The Bench was dealing with appeals by such unauthorised cultivators and the State against the single judge's order.

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