The High Court of Karnataka on Thursday ordered issue of notice to the State Government on a PIL petition questioning the manner of appointment of chairperson and members to the Bangalore Development Authority (BDA) without framing rules or guidelines.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the order on the petition filed by Harisha A.S., a city-based advocate.
The petitioner had contended that though Section 3 of the BDA Act, 1976, empowers the government to appoint persons to the posts of chairperson and members representing finance, engineering, town planning, architecture, women, SC/ST, labour, etc., there is no rules or guidelines framed to appoint or select persons.
Not framing rules or guidelines and non-fixation of qualification for persons to be appointed to these posts, who together form the board of the BDA, has rendered the law ineffective leaving the process of appointment at the whims and fancies of the government sans any accountability, it was contended in the petition.
The petitioner sought a stay on the operation of the government’s notification of November 24, 2020, appointing S.R. Vishwanath, MLA of Yelahanka constituency as chairperson of BDA, and making appointment to the posts of other whole-time members till the government frames rules or guidelines for selection and appointment to fill these posts.
It was contended in the petition that framing of rules or guideline by fixing qualification and method of selection and appointment is essential as BDA is an expert body for city’s development and town planning on the lines of qualification fixed for appointing chairperson and members of the Karnataka State Pollution Control Board in terms of the law laid down by the apex court.
