The High Court of Karnataka has said that the Principal Secretary of the Housing Department, cannot officiate as acting chairperson of the Karnataka Real Estate Regulatory Authority (K-RERA).
Noticing that the Principal Secretary is not a member of K-RERA and as the officer holds an administrative post in the State government, “it is not advisable for him to continue as the in-charge chairperson of K-RERA as there is no provision in the Karnataka Real Estate (Regulation and Development) Rules, 2017, for a third person/an officer of the State government to be nominated as an acting/in-charge chairperson to fill up the vacancy.”
Justice R. Nataraj passed the interim order on August 21 on a petition filed by Srinivas V. of Bengaluru. The petitioner had questioned the notification issued in May this year appointing the Principal Secretary as acting chairperson of K-RERA.
The court said the senior-most member of K-RERA should discharge functions as acting chairperson until the vacancy is filled by a fresh order of appointment in accordance with rules.
