SURENDRA BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Constitution of India was amended so as to introduce into it Part IX and IXA by Constitution (73rd and 74th Amendment) Act, 1992 to provide local self-Government a status of constitutional entity and to regulate certain main provisions such as Constitution composition, reservation of seats, qualification for membership, financial relations and elections thereto.

(2.) Pursuant to the said amendments to the Constitution, the Karnataka Municipal Corporations Act, 1976 came to be amended to bring the same in conformity with the said constitutional amendments. In part IX A of the Constitution, Municipalities are dealt with. Article 243 provides that there shall be constituted in every State - (i) a town Panchayat for a transitional area i.e., an area in transition from a rural area to an urban area (ii) a Municipal Council for a smaller urban area; and (iii) a Municipal Corporation for a larger urban area. Such Municipality is constituted as the Governor may, having regard to (a) the size of the area (b) the Municipal services being provided or proposed to be provided by an industrial establishment in that area; (c) population of the area (d) density of the population (e) revenue generated for local administration (f) the - percentage of employment in non-agricultural activities, and (g) the economic importance or such other factors as he may deem fit, specify by public notification for the purpose of this Part of the Constitution. Article 243-ZA deals with the elections to Municipalities and provides for superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Municipalities shall be vested in the State Election Commission referred to in Article 243K and that subject to the provisions of the Constitution, the Legislature of the State is empowered to make provisions with respect to all matters relating to or in connection with the elections to the Municipalities. Article 243 ZG bars the interference of the Courts in electoral matters. It provides that notwithstanding anything in that regard in the Constitution, in respect of - (i) validity of any law relating to the delimitation of constituencies or allotment of seats to such constituencies, made or purported to be made under Article 243 ZA shall not be questioned in any Court; (ii) no election to any Municipality can be called in question except by an Election Petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of the State.

(3.) By Act 35/1994 certain amendments have been made to the Karnataka Municipal Corporations Act and Chapter IV of the Act deals with elections to the Municipal Corporation. Section 21 provides, for the purposes of elections to councillors, Government shall, by notification, determine the wards into which the city shall be divided and the extent of each ward; the number of seats allotted to each ward and reserved for SC/ST, backward classes and women and the wards in which such seats shall be reserved. Section 21(1A) provides that a notification issued under Section 21 cannot be called in question in any Court of law.