GALAPPA Vs. BELLARY CITY MUNICIPALITY

JUDGEMENT

(1.) In this Petition filed under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the resolution bearing No. 491 dated 3-2-1986, passed by the Special General Meeting of the City Municipal Council, Bellary.

(2.) The petitioner is a Councillor. He has attended the Special General Meeting in question. It is contended on behalf of the petitioner by Learned Counsel Sri Kolar tbat the Special General Meeting of the Council was convened on 3-2-1986 for the specific purpose of passing the resolution expressing want of confidence in the President, and there was quorum for the meeting; as such it could not have been adjourned and it ought to have transacted the business It did not transact the business and simply passed a resolution adjourning the meeting. That the resolution passed by the Special General Meeting adjourning the meeting is illegal because it is opposed to Sub-section (3) of Sections 47 and 56 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the 'Act'). Learned Counsel has also placed reliance on a statement made by Justice B.A. Masoodkar in his book i.e. "Law Of Companies and Meeting."

(3.) On 8-1-1986 requisite number of Councillors of the City Municipal Council, Bellary, gave notice to the President of the Municipal Council requesting him to convene a Special General Meeting of the Council for the purpose of passing the resolution expressing want of confidence in the President. The notice was served upon the President on the same day i.e. 8-1-1986. The President did not convene the Special General Meeting. Therefore, the Vice-President instructed the Commissioner of the Municipality to convene the Special General Meeting of the Council for the purpose of passing a resolution expressing want of confidence in the President. Accordingly, the Commissioner of the Municipal Council issued the notices convening the Special General Meeting of the Council on 3-2-1986 for the purpose of passing a resolution expressing want of confidence in the President. Accordingly, the Councillors met on 3-2-1986 and there was quorum, as 33 out of the total strength of 35, Councillors were present. But in the meanwhile, the President had resigned his office as President on 31-1-1986 by sending resignation to the Divisional Commissioner, and as that resignation was to take effect on the expiry of ten days from the date of the receipt of the resignation by the Divisional Commissioner, the Special General Meeting of the Council in its wisdom, resolved to adjourn the meeting, pending acceptance of the resignation of the President, till 11-30 a.m. on 20-2-1986. This resolution is produced as Annexure-A.