pic source: https://ejanma.karnataka.gov.in/
BENGALURU:
The Karnataka High Court has stayed the July 18 amendment to the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022. The amendment transferred the dispute resolution power under the Rules from the jurisdiction of magistrate courts to local Assistant Commissioners.
Rule 9 of Rules, 1999 has been amended by entrusting the powers which were earlier exercised by “Magistrate of first class or Presidency Magistrate” to “Assistant Commissioner (Sub-Divisional Magistrate)” Various Advocates Associations including the AAB (Advocates Association Bengaluru) have opposed this and given a representation to the government. They claim that the state government cannot make such an amendment to the Rules.
”The Amendment Rules, 2022 vide Annexure ‘C’ are opposed to the mandate of Section 13(3) of Act, 1969. The state government has no power to take away the power of the Magistrate as mandated under section 13(3) and delegate such power to any other authority,” the petition filed by advocate Sudarshan V Biradar said.
A single judge bench of Justice Krishna S Dixit issued emergent notice to the State and Union governments and the concerned authorities while issuing an interim order of stay on the amendment. The hearing has been adjourned. PTI
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