HC glare on 34 corporators for not declaring assets

The high court issued notices to the BBMP, regional commissioner and 34 BBMP councillors, over the councillors’ failure to declare assets and liabilities as per the Karnataka Municipal Corporations Act, 1976.

Justice G Narendar was hearing a petition filed by Anil Kumar Shetty who moved court seeking directions to issue quo warranto against the aforementioned councillors -- their explanation on what authority they are continuing as BBMP councillors.

The petitioner contended that as per the provisions of Section 19 (1) of the KMC Act, every BBMP councillor shall file with the mayor a declaration of assets and liabilities of themselves and their families within one month of the commencement of their respective terms, and the same month every succeeding year thereon.

The petitioner noted that the present councillors assumed office on September 11, 2015, and they are expected to file declarations as per the KMC Act before October 12, 2015, and every succeeding year thereafter.

The petitioner, through an RTI enquiry, found that several councillors have not filed the statutory declaration, or fraudulently filed pre-dated declarations. The said councillors may be held to have ceased to be councillors by virtue of Section 19 (2) of the KMC Act, which states that if any councillor fails to file the declaration or files the same knowing it to be false or incorrect, s/he shall cease to be a councillor.

The petitioner made representations to the regional commissioner bringing the default in complying with the provisions of the Act but hadn’t received a response.

The court sought the state government’s response.