Karnataka High Court
Anil Kumar Shetty K vs State Of Karnataka on 22 June, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
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WP No. 16099 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 16099 OF 2019 (LB-RES)
BETWEEN:
ANIL KUMAR SHETTY K,
S/O. KUSHAL SHETTY,
AGED ABOUT 31 YEARS,
PRESENTLY R/AT NO. 1615, 3RD CROSS,
17TH B-MAIN, JP NAGAR, 2ND PHASE,
BANGALORE 560 076.
...PETITIONER
(BY SRI. TEJAS B N., ADVOCATE FOR
SRI. AZHAR MEER & ASSOCIATES)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
ROOM NO. 434, VIKASA SOUDHA,
DR. B R AMBEDKAR VEEDHI,
BANGLAORE 560 001.
REP BY ITS PRINCIPAL SECRETARY
Digitally signed 2. BRUHAT BENGALURU MAHANAGARA PALIKE
by SHARADA NR SQUARE, BANGALORE 560 002.
VANI B REPRESENTED BY ITS COMMISSIONER.
Location: HIGH
COURT OF
KARNATAKA 3. REGIONAL COMMISSIONER
2ND FLOOR, BMTC BUILDING,
SHANTHINAGAR, KH ROAD,
BANGALORE 560 027.
4. UMADEVI NAGARAJ,
# 673/1, 1ST FLOOR,
BEHIND JAIN TEMPLE,
T. DASARAHALLI,
BENGALURU 560 027.
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WP No. 16099 of 2019
5. M. PADMAVATHI SRINIVAS,
# 246, BIRESHWARA NILAYA,
BAKTHA KANAKADASA ROAD,
NEAR SHIVA TEMPLE, KALKERE,
BENGALURU 560 043.
6. A. KODANDA REDDY,
# 642, 10TH -B-MAIN ROAD,
DODDABANASWADI,
BANGALORE 560 043.
7. LAVANYA GANESH REDDY,
# 795, 10TH MAIN ROAD,
3RD BLOCK, HBR LAYOUT,
BANGALORE 560 043.
8. MEENAKSHI,
# 235/1, KRISHNA KUTIRA,
3RD MAIN ROAD, 3RD BLOCK,
KRISHNAIYANAPALYA,
BENGALURU 560 038.
9. RAJA S (BANDERAJ),
# 1, SHREE RAMROAD,
INFRONT OF APNA BAZAAR,
VININAPURA,
BENGALURU 560 016.
10. V. SHIVAPRAKASH,
# 66/62, 1ST MAIN ROAD,
2ND STAGE, OKALIPURAM,
BENGALURU 560 021.
11. BALAKRISHNAN G,
# 85, 1ST MAIN ROAD,
LR NAGAR, VIVEKNAGAR,
BENGALURU 560 047.
12. SARALA C. MAHESH BABU,
# 16/15, 18TH CROSS,
RAMASWAMY LAYOUT,
LAKKASANDRA,
BENGALURU 560 030.
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WP No. 16099 of 2019
13. T. RAMACHANDRA,
# 5, 20-A-CROSS,
EJIPURA MAIN ROAD,
VIVEKNAGAR POST,
BENGALURU 560 047.
14. M. CHANDRAPPA,
# 88/1, NEAR HANUMAN TEMPLE,
KORAMANGALA,
BENGALURU 560 095.
15. G. MANJUNATH,
# 546, 1ST MAIN ROAD,
1ST CROSS, 8TH BLOCK,
KORAMANGALA,
BANGALORE 560 034.
16. ARYA SRINIVAS,
# 14/4, ARYA NILAYA.
BETTEGOWDA LAYOUT,
1ST CROSS ROAD, JUDICIAL LAYOUT,
TALAGATTAPURA,
KANAKAPUARA MAIN ROAD,
BENGALURU 560 019.
17. RAJASHEKARA N,
# 88, 1ST CROSS, 1ST MAIN,
PATEL MUNNIYAPPA LAYOUT,
V NAGENAHALLI, BENGALURU 560 032.
18. NAUSHEER AHMED,
# 102, SHISHA, HERITAGE 9,
4TH B-MAIN, HRBR LAYOUT,
2ND BLOCK, KALYANINAGAR,
BENGALURU 560 043.
19. PADMAVATHI NARASIMHAMURTHY,
# 235, SRI. KRISHNA NILAYA,
6TH MAIN, NELAGADHARAHALLI,
BENGLAURU 560 073.
20. SHWETHA VIJAYA KUMAR,
# 627, HOODI GARDEN THIGALARAPALYA,
HOODI, MAHADEVAPURA POST,
BENGALURU 560 048.
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WP No. 16099 of 2019
21. MAHALAKSHMI H RAVINDRA,
# 151, 2ND MAIN, VIDHYARANYA NAGAR,
MAGADI ROAD,
BENGALURU 560 023.
22. MAMATA K M,
# 311, SHBARI NAGARA,
RK HEGDE NAGARA,
DR. SHIVARAMAKARANTA NAGARA,
BENGALURU 560 077.
23. M. VELUNAYAKAR,
# 594, 9TH CROSS,
GOKULA 1ST STAGE, 2ND PHASE,
BENGALURU 560 054.
24. B N JAYAPRAKASH,
# 136/1, COCOUNT GARDEN,
SEEGEHALLI, VIRGONAGAR POST,
BENGALURLU 560 049.
25. M N SHRIKANT (PUTTA),
# 208, 2ND MAIN ROAD,
WHITEFIELD ROAD,
B. NARAYANAPURA,
BENGALURU 560 016.
26. V. ELUMALI,
# NEW NO. 259, OLD NO. 38,
21ST CROSS, HALLE BAGALUR LAYOUT,
BENGALURU 560 084.
27. G. MOHAN KUMAR,
# 35/36, USHA NILAYA,
GANGAMMA GARDEN,
MALLAGALU MAIN ROAD,
2ND STAGE, NAGARBHAVI,
VISHWANEEDAM POST,
BENGALURU 560 091.
28. RAMESH N,
# 761/2, 93/7, RING ROAD,
MARATHAHALLI,
MARATHAHALLI POST,
BENGALURU 560 037.
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WP No. 16099 of 2019
29. FARIDA ISHTIAQ,
# 10/A, NOHA STREET,
SHIVAJINAGAR,
BENGALURU 560 051.
30. BALAKRISHNAPPA G,
# 85, 1ST MAIN ROAD,
LR NAGAR, VIVEKNAGAR,
BENGALURU 560 047.
31. R V YUVARAJ,
# 50, C STREET,
FORT ROAD,
KALASIPALYA,
BENGALURU 560 002.
32. D. PRAMOD,
# 351, BALAJI COMPLEX,
BAZAR STREET,
KUVEMPU ROAD,KENGERI,
BENGALURU 560 060.
33. GAYATRI M,
# 34/1, 8TH CROSS,
KP AGRAHARA,
BENGALURU 560 023.
34. AJMAL BAIG,
# 4, 6TH CROSS,
SHAMANNA GARDEN,
BENGALURU 560 026.
35. G. MANJUNATH,
# 546, 1ST MAIN ROAD,
1ST CROSS, 8TH BLOCK,
KORAMANGALA,
BANGALORE 560 034.
36. N. NAGARAJU,
# 793, 31ST CROSS,
THILAK NAGAR, JAYANAGAR,
BANGALORE 560 041.
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WP No. 16099 of 2019
37. ANSAR PASHA S,
# 382, 6TH CROSS, KAVERI NAGARA,
BENGALURU 560 070.
...RESPONDENTS
(BY SRI. C N MAHADESWARA., AGA FOR R1 & R3;
SMT. M C NAGASHREE., ADVOCATE FOR R2;
SRI. H SUNIL KUMAR., ADVOCATE FOR R13 TO R15, R31,
R34 TO R37;
SRI. N R JAGADEESWARA., ADVOCATE FOR R5;
SRI. R KRISHNA REDDY., ADVOCATE FOR R6;
SRI. RAVI JAGAN., ADVOCATE FOR R7 AND R18;
SRI. JAGAN BABU., ADVOCATE FOR R10;
SRI. HARSHA KUMAR GOWDA H R., ADVOCATE FOR R19;
SRI. P B AJITH., ADVOCATE FOR R20;
SRI. M KRISHNAMURTHY., ADVOCATE FOR R23;
SRI. P B RAJU., ADVOCATE FOR R24;
SRI. R BHADRINATH., ADVOCATE FOR R27;
SRI. ANEES ALI KHAN., ADVOCATE FOR R29;
R4,R8,R9,R11,R12,R16,R17,R21,R22,R28,R30,R33
ARE SERVED;
V.C.O DATED 05/02/2021 NOTICE TO R32 IS H/S
V.C.O DATED 05/02/21 R15 & R35 ARE ONE AND THE
SAME, HENCE NO NEED TO TAKE STEPS IN R/O OF
R35;
V.C.O DATED 3/4/24 PETITION AGAINST R26 STANDS
ABATED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF QUO WARRANTO AGAINST THE R-4 TO 37
AND REQUIRE THEM TO SHOW WHAT AUTHORITY THEY HAVE
TO CONTINUE TO HOLD OFFICE AS COUNCILLORS OF BBMP IN
THE WAKE OF THEIR FAILURE TO COMPLY WITH THE
PROVISIONS OF SECTION 19 OF THE KARNATAKA MUNICIPAL
CORPORATIONS ACT, 1976 AND ETC.,
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDER, THIS DAY, THE COURT PRONOUNCED
THE FOLLOWING:
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WP No. 16099 of 2019
ORDER
Petitioner who claims to be 'a social entrepreneur and diligent citizen of Karnataka' is knocking at the doors of Writ Court with the following substantive prayers:
"A) Issue a writ in the nature of Quo Warranto against the Respondent Nos.4 to 37 and require them to show what authority they have to continue to hold office as Councillors of BBMP in the wake of their failure to comply with the provisions of Section 19 of the Karnataka Municipal Corporations Act, 1976.
B) Alternatively, issue a writ in the nature of Mandamus directing the Respondent No.3 to consider the Petitioner's representations at Annexures 'F' and 'J' and take necessary action as prescribed by Section 19(2) of the Karnataka Municipal Corporations Act, 1976, in an expeditious manner and without any further delay."
II. As the above prayers make out, learned counsel for the petitioner submitted that all the private respondents are liable to be ousted from the office of Councillors of the Respondent-Municipal Corporation i.e., BBMP since their membership ceased on its own, in terms of Sec.19 of the Karnataka Municipal Corporations Act, 1976, they having failed to declare all assets owned by them and any members of their family. He further submitted that at least in the alternate, the official -8- WP No. 16099 of 2019 respondents are liable to be mandamussed to consider his client's representations, copies whereof avail at Annexure-F dated 10.03.2018 & Annexure-J dated 19.02.2019, wherein he has requested 'to immediately disqualify all the Councillors considering violation under KMC Act 1976 ...' and 'to immediately stop the disqualified Councillors from holding the elected office...'. He added that unless the Constitutional Courts do something pungent, the official respondents would not wake up from their deep slumber.
III. After service of notice, the 1st respondent-State is represented by the learned AGA. The 2nd respondent- BBMP & the 3rd respondent-Regional Commissioner are represented by their Panel Counsel, who has filed the Statement of Objections on 02.12.2019, resisted the petition, although not much disputing its averments that none of the Councillors who happen to be the private respondents herein has filed the declaration in terms of Sec.19(1) of the 1976 Act. Similarly, several of the respondent-Councillors being represented by their private -9- WP No. 16099 of 2019 counsel, made submission that a few of them have filed belatedly. Learned counsel Mr.H.Sunil Kumar appearing for a few respondents submitted that the petition has become infructuous, the prescribed statutory tenure of all the Councillors who were elected in the very same election process having expired by efflux of time. So contending, they sought dismissal of the petition.
IV. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is broadly in agreement with the submission made on behalf of the respondents and therefore, the matter is liable to be disposed off as having become infructuous.
V. The above being said, some observations need to be made against the erring officials in the light of following discussions.
(a) The provisions of section 19 of the 1976 Act being relevant, are reproduced below:
"19. Declaration of assets etc.- (1) Every councillor [referred to in clause (a) of sub- section (1) of section 7] shall, not later than one month after the commencement of his term of
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office and in the same month of each succeeding year, file with the Mayor a declaration of all assets owned by him and any member of his family. Such declaration shall form part of the corporation records. 1. Inserted by Act 35 of 1994 w.e.f.1.6.1994. (2) If any councillor fails to file the declaration referred to in sub-section (1) or files the same knowing it to be false or incorrect he shall cease to be a councillor.
(3) Any question whether disqualification under sub-section (2) has occurred shall be decided, on reference made by the corporation, by Government and the decision of Government thereon, shall be final.
Explanation.- For purposes of this section family means the spouse and dependant children of the councillor."
Sub-section (1) of section 19 mandates that every Councillor shall file with the Mayor of the Corporation a declaration of all assets owned by him and his family members. This has to be done within one month of his assuming the office after election. Sub-section (2) causes automatic cessation of Councillorship should he fail to file such declaration or that the one filed by him is false or incorrect. Sub-section (3) provides that if any question as to cessation of Councillorship should arise, the same shall be finally decided by the government on a reference being made by the corporation. Obviously, this provision has
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WP No. 16099 of 2019been enacted to bring probity & transparency of political functionaries in the local bodies.
(b) It is not in dispute that except one Councillor, none had filed the declaration in time although a few have done it after brooking delay. It is true that the electoral term itself having expired by efflux of time, the question whether they incurred disqualification of the kind now largely pales into insignificance, as rightly contended by both the learned AGA and Mr.H.Sunil Kumar. They are also right in telling to the court that Bruhat Bengaluru Mahanagara Palike Act, 2020 which has come into force w.e.f 21-12-2020, has done away with the disqualification clause enacted in sub-section (2) of section 19 of the 1976 Act, although the obligation to file the declaration does continue, as before. It is also relevant to mention that section 432 prescribes penalties inter alia for voting or acting as Councillor despite ceasing to be one. It is not in dispute that all the Councillors except one have voted and acted as Councillors despite incurring disqualification in terms of Section 19(2) of 1976 Act. Therefore, all they are
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WP No. 16099 of 2019liable to be prosecuted under sub-section (1) of section 432 which reads as under:
"432. Penalties for voting as councillor, acting as Mayor, Deputy Mayor when not entitled and for failure to hand over documents.-
(1) If a councillor votes in contravention of section 80 or if any person acts as a councillor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office, he shall, on conviction, be punished with fine not exceeding two hundred rupees for every such offence."
(c) The larger question which merits due consideration at the hands of this court is on the culpable lapse attributable to the then Commissioners of BBMP who failed to refer the matter for the consideration of the government in terms of sub-section (3) of section 19 of the 1976 Act, despite two representations made by the petitioner who is a resident of Bangalore city and who has vital interest in the discharge of functions by the Corporation & its functionaries, in accordance with law and therefore, he has locus standi in the matter. Such a grave lapse of permitting disqualified Councillors to act and vote in the Corporation cannot go with impunity. The officials, more particularly, those in the higher echelon of
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WP No. 16099 of 2019governance are accountable and therefore, are liable to be proceeded against in accordance with law.
In the above circumstances, this petition is disposed off with the following directions:
[i] The respondent-Corporation is directed to initiate legal action against disqualified Councillors who have voted & acted in contravention of the provisions of section 432 of the 1976 Act, forthwith, after accomplishing the necessary prerequisites & formalities.
[ii] The respondent-government is directed to take all steps for constituting disciplinary inquiry against such of the Commissioners of respondent-Corporation who failed to refer the question of cessation/disqualification of Councillors in terms of section 19(3) and further, allowed them to function as such in violation of section 432 of the 1976 Act.
[iii] The compliance report in terms of [i] & [ii] above shall be filed with the Registrar General of this Court, within an outer limit of three months.
Sd/-
JUDGE Snb/