Karnataka High Court
Altaf Kharori Mohiddin vs The State Of Karnataka on 23 July, 2025
Author: R.Devdas
Bench: R.Devdas
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W.A. No. 100259/2025 c/w
W.A. No. 100260/2025 (LB-ELE)
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23rd DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
®
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.100259 OF 2025 (LB-ELE) C/W
WRIT APPEAL NO.100260 OF 2025 (LB-ELE)
IN WRIT APPEAL NO.100259 OF 2025:
BETWEEN:
ALTAF KHARORI MOHIDDIN,
S/O MOHAMMED NOORULLAH KHAROORI,
AGE: 52 YEARS, OCC.: VICE-PRESIDENT,
BHATKAL TMC, R/O. KIDWAI ROAD CROSS,
BHATKAL, TQ. BHATKAL,
DIST. UTTARA KANNADA-581320.
- APPELLANT
(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
MOHANKUMAR
VIKASA SOUDHA, BENGALURU-01.
B SHELAR
Digitally signed by
MOHANKUMAR B SHELAR
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.07.25 10:26:19
+0530 2. THE PROJECT DIRECTOR,
DISTRICT URBAN DEVELOPMENT CELL,
UTTARA KANNADA-581320.
3. THE DEPUTY COMMISSIONER,
UTTARA KANNADA DISTRICT-581320.
4. THE ASSISTANT COMMISSIONER,
BHATKAL-581320.
5. THE TOWN MUNCIPAL COUNCIL
R/BY ITS CHIEF-OFFICER, BHATKAL,
DIST. UTTARA KANNADA-581320.
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W.A. No. 100259/2025 c/w
W.A. No. 100260/2025 (LB-ELE)
6. THE TAHASILDAR,
BHATKAL-581320.
- RESPONDENTS
(BY SRI. GANGADHAR J.M,
ADDITIONAL ADVOCATE GENERAL
FOR SRI. T. HANUMAREDDY,
ADDITIONAL GOVERNMENT ADVOCATE
FOR R1 TO R4 AND R6;
SRI. SANTOSH B. MANE, ADVOCATE FOR R5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
ORDER PASSED BY LEARNED SINGLE JUDGE IN W.P. NO.
107601/2024 DATED 09/04/2025 AND ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE NOTIFICATION DATED
16.12.2024 BEARING NO.Sta/Sanchu/Wahi/01/2024-25 PASSED BY
RESPONDENT NO.3 VIDE ANNEXURE-F & ETC.
IN WRIT APPEAL NO.100260 OF 2025:
BETWEEN:
VEENA W/O SATAPPA BHOOVI, AGE: 52 YEARS,
OCC.: MEMBER ANNIGERI, TMC,
R/O. WARD NO.20, TQ. ANNIGERI,
DIST. DHARWAD DISTRICT.
- APPELLANT
(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA, BENGALURU-01.
2. THE PROJECT DIRECTOR,
DISTRICT URBAN DEVELOPMENT CELL,
DHARWAD-580001.
3. THE DEPUTY COMMISSIONER,
DHARWAD DISTRICT-580001.
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W.A. No. 100259/2025 c/w
W.A. No. 100260/2025 (LB-ELE)
4. THE ASSISTANT COMMISSIONER,
DHARWAD-580001.
5. THE TOWN MUNCIPAL COUNCIL
REPRESENTED BY ITS CHIEF OFFICER,
ANNIGERI, DIST. DHARWAD-582201.
6. THE TAHASILDAR,
ANNIGERI-582201.
7. SHIVANAND YALLAPPA BELAHAR
AGE. 49 YEARS, OCC. COUNCILLORS,
R/O ANNIGERI TOWN,
DIST. DHARWAD-582201.
- RESPONDENTS
(BY SRI. GANGADHAR J.M,
ADDITIONAL ADVOCATE GENERAL
FOR SRI. T. HANUMAREDDY,
ADDITIONAL GOVERNMENT ADVOCATE
FOR R1 TO R4 AND R6;
SRI. MRUTYUNJAY PUJAR, ADVOCATE FOR R5;
SRI. SRINIVAS B. NAIK, ADVOCATE FOR R7)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.
107977/2024 DATED 09.04.2025 AND ISSUE A WRIT IN THE NATURE
OF CERTIORARI QUASHING THE NOTIFICATION DATED 16.12.2024
BEARING NO.Sta/Sanchu/Wahi/01/2024-25 PASSED BY
RESPONDENT NO.3 VIDE ANNEXURE-F & ETC.
THESE WRIT APPEALS, HAVING BEEN HEARD AND RESERVED
ON 30.06.2025, COMING ON FOR 'PRONOUNCEMENT OF JUDGMENT',
THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
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W.A. No. 100259/2025 c/w
W.A. No. 100260/2025 (LB-ELE)
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS) These intra Court appeals are filed by the original writ petitioners, assailing the impugned order passed by the learned Single Judge in W.P. No. 107977/2024 and W.P. No. 107601/2024, dated 09.04.2025.
2. The writ petitions were filed by the two petitioners who were elected as members of Bhatkal Town Municipal Council and Annigeri Town Municipal Council. Their grievance, in common, was that although the posts of the President of the respective Municipal Councils were reserved for SC (Woman) candidate in Bhatkal and ST (Woman) candidate in Annigeri, however, since no such candidate was available, the respective Deputy Commissioners issued notifications changing the reservation to SC candidate in Bhatkal and ST candidate in Annigeri.
3. Although the prayers in both the writ petitions were to quash the impugned notifications passed by the respective Deputy Commissioners, nevertheless it was -5- W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) argued before the learned Single Judge that the reservation of the post of President should be modified to accommodate Backward Classes candidates. Before this Court too, the learned counsel for the appellants had initially contended that if change could be made in favour of SC candidate and ST candidate respectively, it could also be done in favour of a candidate belonging to Backward Classes, since earlier the post was never reserved for Backward Classes. This submission was putforth, both before the learned Single Judge and before this Court, on the ground that rotation is mandated by the provisions of the Constitution of India as well as the provisions of the Act and the Rules. However, when this Court expressed its prima facie opinion that such a contention would militate the express provisions of the Constitution of India and the provisions of the Act and the Rules, the learned counsel submitted that if there was no other alternative, then the posts should be kept vacant. -6-
W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE)
4. We find from the impugned order that the learned Single Judge formulated the following points for consideration:
1) Whether the reservation for a particular category can be changed due to non availability of a person of that particular category more so as regards women's category by deleting the reservation for the women category and continuing the reservation for the very same category that is ST or SC? In other words, can a reservation for ST (W) be changed to ST and reservation for SC (W) be changed to SC without impinging on the reservation methodology?
2) Whether the non availability of a candidate as regards the category for which the post has been reserved would require the said post to be kept vacant?
5. Learned Additional Advocate General Sri J.M.Gangadhar has submitted that what was challenged in the writ petitions was the notification issued by the respective Deputy Commissioners, however, it was -7- W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) brought to the notice of the learned Single Judge that subsequently the State Government issued a notification dated 10.02.2025 modifying the earlier notification dated 05.08.2024, making relevant changes to the reservation of the post of the President in Annigeri TMC and Bhatkal CMC, including three other Municipalities. In that view of the matter, the learned Additional Advocate General submitted that the appellants cannot contend that by an executive order the reservations have been modified.
6. Learned Additional Advocate General has also placed reliance on a decision of a Coordinate Bench of this Court in the case of M.G.Achappa Vs. The Prescribed Officer1 where it was held that Sec. 21 of the Karnataka General Clauses Act, 1899 embodies a rule of construction where mistakes if any, in a notification, can be rectified by issuance of appropriate orders in exercise of the powers vested in the authority. It was pointed out that similar modification made to the reservation had fallen for consideration in the said case. The Coordinate Bench 1 1996 (5) Kar.L.J. 555 (DB) -8- W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) based its decision on a judgment of the Apex Court in the case of Mohammad Yunus Salim Vs. Sri Kumar Shastry & Others2. The learned AAG also placed reliance on a decision of a Division Bench of the High Court of Rajasthan in the case of Mansingh & Ors Vs State of Rajasthan & Ors.3 where it was held that the power to issue a notification includes the power to rescind, vary, modify or amend a notification. In the absence of any provision in the Act or the Rules empowering the authority to vary or rescind the order made under the Rules, the provisions of the General Clauses Act can be pressed into operation if the circumstances so necessitate, but, however the procedural formalities have to be followed and it cannot be circumvented. Challenge raised to similar modification in the notification of reservation was negated at the hands of the Division Bench.
7. Learned Additional Advocate General would further submit that having regard to the peculiar facts and circumstances of these cases, where the category for 2 (1974) 4 SCC 854 3 1995 SCC OnLine Raj. 10 -9- W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) which the reservation of the posts of President was made and non availability of such a candidate of the category, the competent authority is required to act, to remove the difficulty and ensure proper working of the council of the municipality, with the barest minimum breach of the provision of law, while ensuring compliance of the constitutional provisions regarding reservation and rotation. Learned Additional Advocate General submitted that the appellants sought for change from Schedule Tribe and Scheduled Caste category to Backward Classes category, which would be in violation of the constitutional provisions, but are not prepared to accept a lesser breach namely, reassignment of the reservation in the same category. It is also submitted that the learned Single Judge rightly concluded that the Court cannot express its helplessness and allow ineffective functioning of the Municipal Council and therefore, in the peculiar circumstances of the case, the change was permitted in the reservation in the same category.
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE)
8. Learned counsel for the appellants vehemently contended that by issuing the impugned notification the competent authority has clearly breached the constitutional provision of reservation and rotation. It is submitted that by issuance of the impugned notification, a seat reserved for ST (Woman) and SC (Woman) are now sought to be filled by an ST male candidate and SC male candidate and therefore there is a clear violation of the constitutional provision and statutory provision, reducing the number of seats reserved for women candidates.
9. Further, in order to buttress his contention that the post of President should be kept unfilled or vacant, learned counsel for the appellants submitted that sufficient provision is made in the Karnataka Municipalities Act, 1964, to meet such exigencies of the council having no President to head the meetings. It is pointed out to Sec.44 (2) (a) of the Act which enables the Vice President, in the absence of the President to preside over the meetings of the Municipal Council. The Vice President while officiating as the President can exercise the same
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) authority as is vested in the President. In that view of the matter, it is submitted that the respondent-authorities and the State cannot be permitted to change the reservation which was provided in accordance with law.
10. Heard learned counsel Sri Santoshkumar B. Malligawad, for the appellants, learned Additional Advocate General Sri J.M.Gangadhar, for the respondent- State and its authorities and perused the petition papers.
11. It is noticeable that earlier when a notification was issued, providing for reservation to the posts of President and Vice President of the Municipal Councils and Town Panchayats, on 10.05.2022 the notification was challenged before this Court. The matter went upto the Apex Court in Civil Leave to Appeal (C) Nos.7090/2021. The Hon'ble Supreme Court, by order dated 10.05.2022 considered the affidavit filed by the Secretary to Government, Urban Development Department dated 09.05.2022, pertaining to the earlier directions issued by the Supreme Court entrusting the task of preparing a software for the purpose
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) of rotation in reservation, to the hands of the National Informatics Centre (NIC).
12. Pursuant to a software being prepared by the NIC, the Apex Court prescribed various steps to be followed for providing rotation to the reservation, including a direction to the Government to provide to NIC the quantum of reservation contemplated in Rule 13(1) of the Karnataka Municipalities (President & Vice President) Election Rules, 1965; the total number of offices of the President and Vice President, the number of reservation to be provided to the Scheduled Castes, Scheduled Tribes and the Backward Classes; the sequence of earlier reservation made to the offices of the President and Vice President; that the cycle of rotation shall commence from the first turn, after first ordinary election held after 01.06.1994, etc. The Apex Court placed on record the broad agreement at the hands of the parties before the Court and the State Government that the steps are in conformity with the procedure to be followed under the relevant provisions of the Act and the Rules.
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE)
13. Accordingly the Apex Court permitted the State Government to proceed further in the matter and ensure that the software is made ready within five weeks as assured by NIC. Pursuant to the software prepared at the hands of the NIC, subsequent notification dated 05.08.2024 was issued by the Government, providing for the reservation to the posts of President and Vice President of various Municipal Councils and Town Panchayats.
14. What is noticeable is that the subsequent notification dated 05.08.2024 which provided for reservation for the posts of the President of the Town Municipal Council, Bhatkal to SC (W) and the President of Town Municipal Council, Annigeri to ST (W) were not objected to the same remained unchallenged. It is equally important to notice 'Step-4' which was directed by the Apex Court in its order dated 10.05.2022, which reads as follows:
"Step-4: Despite following the above mentioned steps, if the software either encounters a repetition
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) or exceeds the quantum of reservation or finds the final outcome to be in breach of Section-42(A), such residual offices shall be interchanged with general category or any other category without affecting the principle of rotation with minimum repetition. The proceedings (foot notes) shall be drawn indicating reasons for such interchanges."
15. It is evident that the Hon'ble Supreme Court foresaw practical difficulties in the matter of rotation of reservation. It was therefore directed that when the computerized process throws up the results or the manner in which the reservation to the posts of President and Vice President are to be rotated and such results, if implemented, would be in breach of the provisions of law, then such residual offices shall be interchanged with general category or any other category, with minimum repetition. We can see that the Hon'ble Supreme Court prescribed 'play in the joint' in order to remove the difficulties, with the barest minimum breach of the provisions of the law and the Rules. Such directions have
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) been issued earlier too by the Hon'ble Apex Court in the matter of providing reservation and rotation to the posts of the local bodies, be it at the panchayats, municipalities or Municipal Corporations. This is because mathematical precision is not possible and strict adherence to the Rule may give undesirable or absurd results, as the case on hand.
16. We are faced with a situation where there are no elected Councillors in the prescribed category, namely, SC (W) and ST (W). In fact such a situation is encountered in five municipalities. However, the elected Councillors in the other three municipalities did not raise any objection for the subsequent changes made by the competent authority / State Government and therefore the elections have been held in those three municipalities, along with all the other municipalities in the State.
17. In that view of the matter, we do not agree with the submission of the learned counsel for the appellants that the posts have to be kept vacant, instead of altering the reservations. We are also of the considered opinion
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) that such a suggestion will not be in the interest of the citizens of the Municipality and such an act will not be in consonance with democratic principles.
18. The learned Single Judge has issued certain general directions, more particularly direction No. 11.3 which reads as follows:
11.3. Thus, it would be required for the respondents to capture the data pertaining to the persons who have been elected to the Municipal Council and then tabulate the reservation for the post of President and Vice President, taking into consideration the presence of the candidates belonging to that particular category. If that is done and if the reservation for a particular post is made and no candidate is found for that category, then suitable changes could be made at that time so as to avoid this kind of eventuality."
19. These directions are akin to 'Step No.4' which was directed by the Hon'ble Apex Court. We are in agreement
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) with the suggestion made by the learned Single Judge. However we also direct the respondent-State Government and its authorities to take note of the directions issued by the Apex Court in 'Step No. 4'. When such difficulties are encountered, despite the computerized process throwing up certain results, as found in the present case, proceedings shall be drawn by the competent authority indicating reasons for such interchanges and thereafter the notification shall be issued. This would mean that before final notifications of reservations are published, the competent authority should look into the list of elected Councillors and find out whether there are elected Councillors in the category of reservation. If there are no elected Councillors of the particular category, then the next step as prescribed hereinabove should be undertaken by the competent authority.
20. Before parting, we also have to notice that in the second proviso to sub Section (2A) of Section 42 of the Act, provision is made that if no person falling under Category 'A' of the Backward Classes is available, offices
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W.A. No. 100259/2025 c/w W.A. No. 100260/2025 (LB-ELE) reserved for that category shall be filled by the persons falling under Category 'B' and vice versa. Similar such provision can also be made by the State Legislature meeting the contingency where women candidates in a particular category are not available. Such provisions should be made without offending the vertical reservation.
21. For the reasons stated above, we do not find any merit in the appeals. Accordingly, the writ appeals are dismissed.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(K V ARAVIND) JUDGE bvv CT:VP