The division bench heard a petition filed by six councilors for voting during municipal council meetings.
The Karnataka High Court (HC) has ruled that the nominated members to the municipal councils have no right to vote in the municipal council meetings.
The division bench of the High Court, consisting of Justice Alok Aradhe and Justice S Vishwajith Shetty, upheld the constitutionality of Article 243R (2)(a) of the Indian Constitution.
The petition was filed to declare that the nominated members are entitled to cast their vote for the post of President/ Vice President under Karnataka Municipalities Act, 1964. The petitioners were the nominated members to the Malur Town Municipal Corporation and had casted their vote for the election of President to the Municipal Corporation.
The court observed that the elected members of a council are “chosen by popular vote and carry with them, the mandate of people,” whereas the nominated members are “appointed as councilors”. It further held that Article 243R (2)(a) (representation in a municipality) does not violate Article 14 (right to equality) and does not change the basic structure of the Indian Constitution. The court also upheld constitutionality of section 11(1)(b) (nominated member for a municipality) of Karnataka Municipalities Act, 1964.
