BENGALURU: In a major judgment, the Karnataka High Court has ruled that only elected councilors are entitled to be enrolled in the voters’ list in the election to the Karnataka Legislative Council from the Local Authority Constituency, and members nominated by the government are not to be enrolled in the voters’ list.
Justice Hemant Chandangoudar passed the order recently while allowing a batch of petitions filed by A V Gayathri Shanthegowda, who contested election from the Congress, and others against inclusion of persons nominated to respective town panchayats under Section 352(1)(b) of the Karnataka Municipalities Act, 1964, in the electoral roll for election to the council in 12 Chikkamagaluru Local Authority Constituencies.
The court declared that the enrolment of nominated members in the electoral roll of Koppa, Mudigere, Sringeri and Narasimharajapura town panchayats by the Chikkamagaluru Deputy Commissioner and Electoral Registration Officer of Chikkamagaluru Local Authorities Constituency, 2021, is declared ab initio void and unconstitutional. Accordingly, the electoral roll was quashed. Therefore, the election held to elect the member of the Legislative Council from Chikkamagaluru Local Authorities constituency is likely to be affected.
“The term ‘every member of the Local Authority’ means ‘only the elected members who are councilors of the town panchayat’ and it cannot be extended to persons nominated by the government to the town panchayat. Any interpretation otherwise goes against the spirit of Article 243-R of the Constitution of India and Section 352 of the Act, 1964,” the court said.
The court further said the very object of the 74th Amendment, inserting Article 243-R, of the Constitution of India and the object of the Act 1964, prohibiting the representatives of the government to vote, will be rendered redundant if persons nominated by the government are permitted to vote in the election to the local authorities constituency.