The High Court of Karnataka has upheld the legality of the bar imposed on the nominated members of municipalities from voting in elections to the posts of presidents and vice-presidents of municipalities.
“The elected members of the municipal council are chosen by popular vote and carry with them the mandate of the people, whereas, nominated members of the municipal council are appointed as councillors. The elected members and nominated members cannot be said to be belonging to the same class,” the High Court said while referring to the apex court’s interpretation of Article 243R of the Constitution that deals with composition of municipalities.
A Division Bench comprising Justice Alok Aradhe and Justice S. Vishwajith Shetty passed the order while dismissing the petitions filed by Lakshmikantha K. and four other nominated members of Malur Town Municipality, Kolar.
The petitioners had contended that the validity of Article 243R (2 of the Constitution of India and Section 11(1) (b) of the Karnataka Municipalities Act, 1964, which bar nominated members of municipality from voting in the elections to the posts of presidents and vice-presidents, are violative of Article 14 of the Constitution.
Meanwhile, the High Court pointed out that there was no pleading in the petition that differentiation between elected and nominated members is either unreasonable or is arbitrary or that it does not rest on any rational basis.
“...the right to vote is not a fundamental right and therefore, Article 243R (2) (a) which provides that nominated members shall not have right to vote in the meeting of the Council does not violate the basic structure of the Constitution,” the Bench observed.
