Karnataka High Court
M D Samdani @ Samdani M D vs The State Of Karnataka on 18 November, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 203332 OF 2025 (LB-RES)
C/W
WRIT PETITION NO. 201935 OF 2025
WRIT PETITION NO. 202505 OF 2025
WRIT PETITION NO. 202581 OF 2025
WRIT PETITION NO. 202812 OF 2025
WRIT PETITION NO. 202899 OF 2025
WRIT PETITION NO. 202907 OF 2025
WRIT PETITION NO. 202908 OF 2025
WRIT PETITION NO. 202918 OF 2025
Digitally signed WRIT PETITION NO. 202978 OF 2025
by KHAJAAMEEN
MALAGHAN WRIT PETITION NO. 203068 OF 2025
Location: HIGH
COURT OF WRIT PETITION NO. 203093 OF 2025
KARNATAKA
WRIT PETITION NO. 203141 OF 2025
WRIT PETITION NO. 203148 OF 2025
WRIT PETITION NO. 203201 OF 2025
WRIT PETITION NO. 203357 OF 2025
WRIT PETITION NO. 203362 OF 2025
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN WRIT PETITION NO. 203332 OF 2025:
BETWEEN:
M. D. SAMDANI @ SAMDANI M. D.
AGED ABOUT 38 YEARS,
OCC: MEMBER OF WARD NO 11,
TOWN PANCHAYAT MEMBER HATTI,
TQ. HATTI, DIST. RAICHUR- 583226.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M. S. BUILDING, BENGALURU- 560001.
2. THE DIRECTOR OF MUNICIPAL ADMINSTRATION,
V. V. TOWER, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU- 560001.
3. THE DEPUTY COMMISSIONER,
RAICHUR- 584101.
4. THE CHIEF OFFICER,
TOWN PANCHAYAT HATTI,
TQ. HATTI, DIST. RAICHUR- 583226.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG ALONG WITH
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI COMMUNICATION/LETTER
BEARING NO.SECK/ULB/OTHR/1/2025-ULB DATED:27-01-2025
ISSUED BY THE 1ST RESPONDENT AUTHORITY VIDE
ANNEXURE-E DETERMINING THE DATE OF COMPLETION OF
TENURE OF TOWN PANCHAYAT MEMBER OF HATTI, RAICHUR
DISTRICT, ISSUED BY THE 1ST RESPONDENT FOR HOLDING
THE ELECTIONS FOR THE POST OF AFZALPUR COUNCILORS ON
OR BEFORE 09-11-2025, INSOFAR AS RELATES TO AT
SL.NO.180, AS CONTRARY TO SECTION 18 AND SECTION 315
OF KARNATAKA MUNICIPALITIES ACT, 1964. B) DECLARE
THAT, THE DURATION OF THE CURRENCY OF THE ORDER
DATED 28-7-2023, VIDE ANNEXURE-B, APPOINTING
ADMINISTRATOR TO AFZALPUR TOWN MUNICIPAL COUNCIL
FROM 16-05-2023 TO 31-09-2024 SHALL NOT USURP THE
TOTAL FIVE YEARS OF THE TENURE OF THE TOWN PANCHAYAT
MEMBER. C) ISSUE WRIT OF MANDAMUS, DIRECTING THEM
RESPONDENTS NO.1 TO 4 TO CALCULATE THE FIVE YEARS
TERM OF THE MEMBER EXCLUDING THE PERIOD FROM 16-05-
2023 TO 31-09-2024 AND FURTHER BE DIRECTED THAT TERM
OF HATTI TOWN PANCHAYAT MEMBER WOULD CONTINUE
UNTIL COMPLETION OF 30 MONTHS TENURE BY CONSIDERING
THE GRIEVANCE OF THE PETITIONER. D) ISSUE ANY WRIT,
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE.
IN WP.NO. 201935 / 2025:
BETWEEN:
MD. SAGHEERUDDIN S/O MD. KAREEMUDDIN,
AGE: 50 YEARS, OCC: PRESIDENT CITY MUNICIPAL
COUNCIL, BASAVAKALYAN,
R/O. BUNKAR COLONY, BASAVAKALYAN,
DIST. BIDAR- 585327.
...PETITIONER
(BY SRI DESHPANDE G. V. AND
SRI ANANTH S. JAHAGIRDAR, ADVOCATES)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVLOPMENT,
M. S. BUILDING, BENGALURU.
2. THE DPEUTY COMMISSIONER,
BIDAR- 585401.
3. THE COMMISSIONER,
CITY MUNICIPAL COUNCIL BASAVAKALYAN,
DIST. BIDAR- 585327.
4. THE PROJECT DIRECTOR,
DISTRICT URBAN DEVELOPMENT CELL,
BIDAR- 585401.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1, R2 AND R4;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT
MORE SO IN THE NATURE OF CERTIORARI AND MANDAMUS
AND GRANT THE FOLLOWING RELIEFS I) QUASH THE LETTER
DATED 11.04.2025 BEARING NO SAM.JINKO/VIVIDH/
CR/46/2024-25 ISSUED BY RESPONDENT NO. 4 HEREON THE
CERTIFIED COPY OF WHICH IS AT ANNEXURE-G AND II)
DECLARE THAT THE DURATION OF THE CURRENCY OF THE
ORDER DATED 08.06.2023 APPOINTING ADMINISTRATOR TO
BASAVAKALYAN CITY MUNICIPAL COUNCIL SHALL NOT USURP
THE TOTAL OF FIVE YEARS OF THE TENURE OF THE
COUNCILORS AND III) ISSUE WRIT OF MANDAMUS,
DIRECTING THE RESPONDENT NO. 1 AND 2 THAT THE FIVE
YEAR TERMS OF THE COUNCIL SHOULD BE CALCULATED BY
EXCLUDING THE PERIOD FROM 01.05.2023, TO 07.01.2025
AND FURTHER BE DIRECTED THE TERM OF BASAVAKALYAN
CITY MUNICIPAL WOULD COUNTINUE UNTIL AT LEAST
31.07.2027. IV) ISSUE ANY WRIT, ORDER OR DIRECTION AS
THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND
CIRCUMSTANCE OF THE CASE.
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WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN WP.NO. 202505 OF 2025:
BETWEEN:
1. KUM LALITA D/O MOULALI ANPUR,
AGE: 42 YEARS, OCC: SOCIAL SERVICE/PRESIDENT,
R/O. WARD NO. 5, YADGIRI.
2. SMT. RUKHEYA BEGUM W/O MD. GOUSE,
AGE: 50 YEARS, OCC: COUNCILER,
WARD NO 16, CMC YADGIRI.
3. AMBAYYA S/O RAMAYYA SHAHABADI,
AGE: 50 YEARS, OCC: COUNCILER,
WARD NO 06, CMC YADGIRI.
4. SMT. CHANDRAKALA W/O CHANDRAKANT MADDI,
AGE: 49 YEARS, OCC: COUNCILER,
WARD NO.29, CMC YADGIRI.
5. MANJUNATH S/O RAJASHEKHAR DASANKERI,
AGE: 40 YEARS, OCC: COUNCILER,
WARD NO.17, CMC YADGIRI.
6. MASHEPPA S/O DEVINDRAPPA T. NAYAK,
AGE: 45 YEARS, OCC: COUNCILER,
WARD NO. 2, CMC YADGIRI.
7. VILAS S. S/O BHIMARAYA GOUDA,
AGE: 38 YEARS, OCC:COUNCILER,
WARD NO 3, CMC YADGIRI.
8. SURESH S/O DURGAPPA AMBIGER,
AGED: 35 YEARS, OCC:COUNCILER,
WARD NO.07 VICE PRESIDENT, CMC MEMBER
YADGIRI.
9. ASAD BIN BADER CHAWOOSH,
AGE: 70 YEARS, OCC:COUNCILER,
WARD NO. 08, CMC MEMBER, YADGIRI.
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WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
10. SHAHISTA SULTAN W/O ABDUL WAHAB,
AGE:30 YEARS, OCC:COUNCILER,
WARD NO. 15, CMC MEMBER YADGIRI.
11. SMT. PRABHAVATI MARATHI KALALA,
AGE:34 YEARS, OCC: COUNCILER,
WARD NO. 09, CMC MEMBER YADGIRI.
12. SMT. VIJAYALAXMI KRISHAN NANEK,
AGE: 41 YEARS, OCC: COUNCILER,
WARD NO. 21, CMC MEMBER YADGIRI.
13. SMT. BASSAMMA MAHESHA KUSUKUMBLA,
AGE: 43 YEARS, OCC: COUNCILER,
WARD NO. 18, CMC MEMBER YADGIRI.
14. ISMAIL SAB HUSENSAB,
AGE: 35 YEARS, OCC: COUNCILER,
WARD NO. 24 CMC MEMBER YADGIRI.
15. MAHADEVAMMA W/O M.K.BIRNOOR,
AGE: MAJORE, OCC: COUNCILER,
WARD NO. 10, CMC MEMBER YADGIRI.
16. SWAMIDEV.H.DASANKERI,
AGE: MAJORE, OCC:COUNCILER,
WARD NO. 31, CMC MEMBER YADGIRI.
17. HANAMANTHA S/O YALLAPPA ITAGI,
AGE: 46 YEARS, OCC: COUNCILER,
WARD NO. 25, CMC MEMBER YADGIRI.
18. SMT. LAKSHMI W/O RAMESH RATHOD,
AGE: 32 YEARS, OCC: COUNCILER,
WARD NO. 26, CMC MEMBER YADGIRI.
19. HANAMANTHA S/O TIPPANNA,
AGE: 42 YEARS, OCC: COUNCILER,
WARD NO. 22, CMC MEMBER YADGIRI.
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
20. GANESH S/O TAMMANNA DUPPALLI,
AGE:48 YEARS, OCC: COUNCILER,
WARD NO. 30, CMC MEMBER YADGIRI.
21. SMT. SANA FATIMA W/O NOORUL ISLAM,
AGE: 30 YEARS, OCC: COUNCILER,
WARD NO. 14, CMC MEMBER YADGIRI.
22. VENKATREDDY S/O MAHADEV REDDY VANIKERI,
AGE: 53 YEARS, OCC: COUNCILER,
WARD NO. 12, CMC MEMBER YADGIRI.
23. MAHEBOOB ALI S/O MD ALI,
AGE: 42 YEARS, OCC: COUNCILER,
WARD NO. 27, CMC MEMBER YADGIRI.
24. SMT. GOUSHIYA BEGUM RAFI,
AGE:30 YEARS, OCC: COUNCILER,
WARD NO. 01, CMC MEMBER YADGIRI.
25. SMT. SAVITHA SHARANGOUDA,
AGE: 38 YEARS, OCC: COUNCILER,
WARD NO. 04, CMC MEMBER YADGIRI.
26. SMT. NIRAMAL BHOJARAJ JAGANTHA,
AGE: 65 YEARS, OCC: COUNCILER,
WARD NO. 23, CMC MEMBER YADGIRI.
27. SMT. UJAMA FATHIMA MD. HASIMA,
AGE: 39 YEARS, OCC: COUNCILER,
WARD NO. 13, CMC MEMBER YADGIRI.
28. SMT. SHANTHAMA URANOR,
AGE: 65 YEARS, OCC: COUNCILER,
WARD NO 19, CMC MEMBER YADGIRI.
29. SMT. JAYAMMA MADDI,
AGE: 52 YEARS, OCC: COUNCILER,
WARD NO. 29, CMC MEMBER YADGIRI.
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WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
30. SRI MANSOOR AHAMAD AFGHAM
AGE: 52 YEARS, OCC: COUNCILER,
WARD NO. 20, CMC MEMBER YADGIRI.
...PETITIONERS
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU-560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER,
D.C.OFFICE, CHITTAPUR ROAD, YADGIRI-585 201.
4. THE COMMISSIONER
CITY MUNICIPAL COUNCIL YADGIRI,
TQ.YADGIRI, DIST.YADGIRI-585 201.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 To R3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI TO QUASH THE IMPUGNED COMMUNICATION
DATED 26-03-2025 ISSUED BY THE 1ST RESPONDENT
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AUTHORITY BEARING NO. UDA 39 MLR 2025 (E) AS AT
ANNEXURE-E DETERMINING THE DATE OF COMPLETION OF
TENURE OF COUNCILORS AND CONSEQUENTIALLY THE
COMMITTEE INSOFAR AS RELATES TO AT SL NO.1 AS
CONTRARY TO SECTION 18 AND SECTION 315 OF KARNATAKA
MUNICIPALITIES ACT, 1964, AA) ISSUE A WRIT OF
CERTIORARI TO QUASH THE NOTIFICATION DATED 06.11.2025
BEARING No. UDD 287 MLR 2025 DULY PUBLISHED IN THE
OFFICIAL GAZETTE ON 07.11.2025 AT ANNEXURE-G ISSUED
BY THE 1ST RESPONDENT AUTHORITY AS IN VIOLATION OF
243-U OF THE CONSTITUTION IN THE INTEREST OF JUSTICE,
B) DECLARE THAT THE DURATION OF THE CURRENCY OF THE
ORDER DATED 08-05-2023 APPOINTING ADMINISTRATOR TO
YADAGIRI CITY MUNICIPAL COUNCIL FROM 08-05-2023 TO 16-
11-2024 SHALL NOT USURP THE TOTAL FIVE YEARS OF THE
TENURE OF THE COUNCILORS. C) ISSUE WRIT OF MANDAMUS,
DIRECTING THE RESPONDENTS NO.1 AND 2 TO CALCULATE
THE FIVE YEARS TERMS OF THE COUNCIL EXCLUDING THE
PERIOD FROM 08-05-2023 TO 16-11-2024 AND FURTHER BE
DIRECTED THAT TERM OF YADAGIRI CITY MUNICIPAL COUNCIL
WOULD CONTINUE UNTIL COMPLETION OF 30 MONTHS
TENURE BY CONSIDERING THE GRIEVANCE OF THE
PETITIONER VIDE REPRESENTATION DATED 08-07-2025 AS AT
ANNEXURE-F. D) ISSUE ANY WRIT, ORDER OR DIRECTION AS
THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
IN WP.NO. 202581 OF 2025:
BETWEEN:
1. SMT. ANNAPOORNA W/O NAGAPPA,
AGE: 43 YEARS, OCC: PRESIDENT OF TMC
CHITTAPUR,
R/O. WARD NO. 23, TMC CHITTAPUR,
2. SRI NAGARAJ
S/O CHANDRASHEKHAR BANKALAGI,
AGE: 54 YEARS, OCC: COUNCIL,
WARD NO 09, TMC CHITTAPUR.
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
3. SRI. SANTOSH S/O TIPPANNA CHOWDRY,
AGE: 38 YEARS, OCC: COUNCIL,
WARD NO 08, TMC CHITTAPUR.
4. SRI. JAGADEESH S/O DHANSING,
AGE: 58 YEARS, OCC: COUNCIL,
WARD NO 07, TMC CHITTAPUR.
5. SMT. SUMANGALA W/O ANNARAV,
AGE: 46 YEARS, OCC: COUNCIL,
WARD NO 01, TMC CHITTAPUR.
6. PASHA MIYYA KASAB S/O ABDULA RAHIMA,
AGE: 56 YEARS, OCC: COUNCIL,
WARD NO 12, TMC CHITTAPUR.
7. SRI. CHANDRASHEKHAR S/O YALLAPPA KASHI,
AGE: 38 YEARS, OCC: COUNCIL,
WARD NO 02, TMC CHITTAPUR.
8. SMT. SHEELA W/O BABU RAO,
AGED: 65 YEARS, OCC: COUNCIL,
WARD NO 03, TMC CHITTAPUR.
9. SMT. KASHIBAI W/O MAREPPA,
AGE: 70 YEARS, OCC COUNCIL,
WARD NO 05, TMC CHITTAPUR.
10. SMT. BABI W/O SUBHASH,
AGE: 39 YEARS, OCC: COUNCIL,
WARD NO 06, TMC CHITTAPUR.
11. SMT. ATIYA BEGUM S/O NAJAMODDIN,
AGE: 49 YEARS, OCC: COUNCIL,
WARD NO 10, TMC CHITTAPUR.
12. SMT. SHRUTI
W/O JAGDISH (D/O MAHADEVA PUJARI),
AGE: 33 YEARS, OCC: COUNCIL,
WARD NO 11, TMC CHITTAPUR.
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C/W WP No. 201935 of 2025
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HC-KAR AND 14 OTHERS
13. SRI. SHAMANNA S/O DEVINDRAPPA,
AGE: 49 YEARS, OCC: COUNCIL,
WARD NO 13, TMC CHITTAPUR.
14. SRI. SHRINIVAS REDDY S/O TIPANAPPA PALAP,
AGE: 52 YEARS, OCC: COUNCIL,
WARD NO 14, TMC CHITTAPUR.
15. SRI. MALLIKARJUN S/O SAIBANNA,
AGE: 68 YEARS, OCC: COUNCIL,
WARD NO 15, TMC CHITTAPUR.
16. SMT. SHAINAJ BEGUM W/O IQBAL AHEMAD,
AGE: 69 YEARS, OCC: COUNCIL,
WARD NO 16, TMC CHITTAPUR.
17. SMT. KHAJEBEE W/O RASUL MIYAN AADKI,
AGE: 75 YEARS, OCC: COUNCIL,
WARD NO 17, TMC CHITTAPUR.
18. MAHAMMED RASOOL
S/O MOAULAN SAB MUSTAFA,
AGE: 76 YEARS, OCC: COUNCIL,
WARD NO 18, TMC CHITTAPUR.
19. SRI. SHIVARAJ S/O GURUSHANTAPPA,
AGE: 39 YEARS, OCC: COUNCIL,
WARD NO 19, TMC CHITTAPUR.
20. SMT. SUSHILA W/O DEVASUNDAR,
AGE: 43 YEARS, OCC: COUNCIL,
WARD NO 20, TMC CHITTAPUR.
21. SRI. PRABHU S/O BHIMARAYA GANGNI,
AGE: 52 YEARS, OCC: COUNCIL,
WARD NO 21, TMC CHITTAPUR.
22. SRI. RAMESH S/O MALLANNA,
AGE: 43 YEARS, OCC: COUNCIL,
WARD NO 22, TMC CHITTAPUR,
ALL OF R/O. TQ . CHITTAPUR,
DIST. KALABARAGI-
...PETITIONERS
(BY SRI. RAVI B. PATIL, ADVOCATE)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M. S. BUILDING, BENGALURU-560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
V. V. TOWER, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER,
D. C. OFFICE, KALABURAGI- 585101.
4. THE COMMISSIONER,
TOWN MUNICIPAL COUNCIL CHITTAPUR,
TQ. CHITTAPUR, DIST. KALABURAGI.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI SHESHADRI JAISHANKAR M., AGA FOR R1 TO R3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT
OF CERTIORARI TO QUASH THE IMPUGNED COMMUNICATION
DATED 26.03.2025 ISSUED BY THE 1ST RESPONDENT
AUTHORITY BEARING NO. UDA 39 MLR 2025 (E) AS AT
ANNEXURE-E DETERMING THE DATE OF COMPLETION O
TENURE OF CONCILORS AND CONSEQUENTIALLY THE
COMMITTEE INSOFAR AS RELATES TO AT SL NO. 3 AS
CONTRARY TO SECTION 18 AND SECTION 315 OF KARNATAKA
MUNICIPALITIES ACT, 1964. b) DECLARE THAT THE DURATION
OF THE CURRENCY OF THE ORDER DATED 25.05.2023
APPOINTING ADMINISTRATOR TO TOWN MUNICIPAL COUNCIL
CHITTAPUR FROM 25.05.2023 TO 05.08.2024 SHALL NOT
USURP THE TOTAL FIVE YEARS OF THE TENURE OF THE
COUNCILORS. c) ISSUE WRIT OF MANDAMUS, DIRECTING THE
RESPONDENT NO. 1 AND 2 TO CALCULATE THE FIVE YEARS
TERMS OF THE COUNCIL EXCLUDING THE PERIOD FROM
25.05.2023 TO 05.08.2024 AND FURTHER BE DIRECTED THAT
TERM OF TMC CHITTAPUR WOULD CONTINUE UNTIL
COMPLETION OF 30 MONTHS TENURE BY CONSIDERING THE
GRIEVANCE OF THE PETITIONERS. d) ISSUE ANY WRIT ORDER
OR DIRECTION AS THIS HON'BLE COURT MAY DEEMS FIT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE.
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HC-KAR AND 14 OTHERS
IN WP.NO. 202812 OF 2025:
BETWEEN:
1. INGALAGI SANGAPPA S/O HANAMANTH,
AGE: 32 YEARS,OCC: COUNCILOR,
R/O. WARD NO 1, TMC TALIKOTE.
2. HALSUR VASUDEV S/O SUBBAYYA,
AGE: 60 YEARS,OCC: COUNCILOR,
R/O. WARD NO 3, TMC TALIKOTE.
3. TANGADAGI PARASHURAM S/O BASAPPA,
AGE: 51 YEARS,OCC: COUNCILOR,
R/O. WARD NO 5, TMC TALIKOTE.
4. MUTTAPPA C/O TIMMAPPA CHOUDAPUR,
AGE: 62 YEARS, OCC: COUNCILOR,
R/O. WARD NO 7, TMC TALIKOTE.
5. HOTTI SHANTABAI W/O NINGAPPA,
AGE: 70 YEARS, OCC: COUNCILOR,
R/O. WARD NO 8, TMC TALIKOTE.
6. SAYEEDA BEGUM W/O MANJUR AHMED BEPARI,
AGE: 45 YEARS, OCC: COUNCILOR,
R/O. WARD NO 10, TMC TALIKOTE.
7. CHOUDARI MUSTAFFA S/O LADAJI,
AGE: 47 YEARS, OCC: COUNCILOR,
R/O. WARD NO 11, TMC TALIKOTE.
8. MAHEBOOB BEE
W/O ALLABAKSHA MANAGUL,
AGE: 48 YEARS, OCC: COUNCILOR,
R/O. WARD NO 12, TMC TALIKOTE.
9. MAHEBOOB BI W/O MD YUSUF LAHORI,
AGE: 60 YEARS, OCC: COUNCILOR,
R/O. WARD NO 13, TMC TALIKOTE.
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HC-KAR AND 14 OTHERS
10. KUMBAR GOURAMMA W/O AVANNA,
AGE: 65 YEARS, OCC: COUNCILOR,
R/O. WARD NO 14, TMC TALIKOTE.
11. KUNTOJI NINGAPPA S/O GURULINGAPPA,
AGE: 32 YEARS,OCC: COUNCILOR,
R/O. WARD NO 15, TMC TALIKOTE.
12. JAGATAP ANNEPPA S/O SHIVAJI,
AGE: 58 YEARS, OCC: COUNCILOR,
R/O. WARD NO 17, TMC TALIKOTE.
13. MAMADAPUR YASIN S/O ABBASSAB,
AGE: 65 YEARS, OCC: COUNCILOR,
R/O. WARD NO 18, TMC TALIKOTE.
14. KATTIMANI AKKAMAHADEVI
W/O SAIDAPPA,
AGE: 60 YEARS, OCC: COUNCILOR,
R/O. WARD NO 19, TMC TALIKOTE.
15. JAMADAR JUBERA
W/O HUSSAIN BHASHA,
AGE: 58 YEARS,OCC: COUNCILOR,
R/O. WARD NO 20, TMC TALIKOTE.
16. PATIL DUNDAPPAGOUDA
S/O VEERANAGOUDA,
AGE: 65 YEARS, OCC: COUNCILOR,
R/O. WARD NO 21, TMC TALIKOTE.
17. BADIGER MOHAN S/O SHRIPATI,
AGE: 55 YEARS, OCC: COUNCILOR,
R/O. WARD NO 22, TMC TALIKOTE.
18. FATIMA BEE KHAJABASARI W/O BABUSAB,
AGE: 65 YEARS, OCC: COUNCILOR,
R/O. WARD NO 23, TMC TALIKOTE.
...PETITIONERS
(BY SRI. RAVI B. PATIL, ADVOCATE)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M. S. BUILDING, BENGALURU- 560001.
2. THE DIRECTOR OF MUNICIPAL ADMINSTRATION,
V. V. TOWER, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU- 560001.
3. THE DEPUTY COMMISSIONER
D. C. OFFICE, VIJAYAPURA-586101.
4. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL, TALIKOTE,
DEVAR HIPPARAGI, TQ. TALIKOTE,
DIST. VIJAYAPURA-586101.
5. THE UNDER SECRETARY,
KARNATAKA STATE ELECTION COMMISSION,
NO. 16 2ND AND 3RD FLOOR, BELLARY ROAD,
SADASHIVA NAGAR, BENGALURU- 560080.
...RESPONDENTS
( BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R4;
SRI SUDARSHAN M., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICL 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI TO QUASH THE IMPUGNED COMMUNICATION
DATED 27.01.2025 ISSUED BY THE 5TH RESPONDENT
AUTHORITY BEARING NO.SECK/ULB/ ITHR/1/2025- ULB AS AT
ANNEXURE-G AND CONSEQUENTIAL ORDER DATED 24.06.2025
BEARING NO.UDA 39 MLR 2025(E) AS AT ANNEXURE-H ISSUED
BY THE 1ST RESPONDENT AUTHORITY DETERMINING THE
DATE OF COMPLETION OF TENURE OF COUNCILORS AND
CONSEQUENTIALLY THE COMMITTEE INSOFAR AS RELATES TO
AT SL.NO.115, AS CONTRARY TO SECTION 18 AND SECTION
315 OF KARNATAKA MUNICIPALITIES ACT, 1964, AA) ISSUE A
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
WRIT OF CERTIORARI TO QUASH THE NOTIFICATION DATED
06.11.2025 BEARING NO. UDD 287 MLR 2025 DULY
PUBLISHED IN THE OFFICIAL GAZETTE ON 07.11.2025 AS PER
ANNEXURE-L ISSUED BY THE 1ST RESPONDENT AUTHORITY IS
IN VIOLATION OF 243-U OF THE CONSTITUTION, IN THE
INTEREST OF JUSTICE. B) DECLARE THAT THE DURATION OF
THE TENURE OF THE ORDER DATED 08.05.2023 APPOINTING
ADMINISTRATOR TO TALIKOTE TOWN MUNICIPAL COUNCIL
FROM 11.05.2023 TO 09.02.2025 SHALL NOT USURP THE
TOTAL FIVE YEARS OF THE TENURE OF THE COUNCILORS.C)
ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS
NO.1 AND 5 TO CALCULATE THE FIVE YEARS TERM OF THE
COUNCIL EXCLUDING THE PERIOD FROM 11.05.2023 TO
09.02.2025 AND FURTHER BE DIRECTED THAT TERM OF
TALIKOTE TOWN MUNICIPAL COUNCIL WOULD CONTINUE
UNTIL COMPLETION OF 30 MONTHS TENURE BY CONSIDERING
THE GRIEVANCE OF THE PETITIONERS VIDE REPRESENTATION
DATED 13.09.2025 AS AT ANNEXURE-J. D) ISSUE ANY WRIT,
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE.
IN WP.NO. 202899 OF 2025:
BETWEEN:
1. PARVATI W/O MADIVALAPPA,
AGE: 61 YEARS, OCC: PRESIDENT TOWN MUNICIPAL
COUNCIL, HUMNABAD,
R/O. NEAR SAI MANDIR, BASAWANAGAR,
HUMNABAD, DIST. BIDAR- 585330.
2. MD. MUKRMAJA S/O PASHA MIYAN,
AGE: 48 YEARS, OCC: VICE PRESIDENT TOWN
MUNICIPAL COUNCIL, HUMNABAD,
R/O. NOOR KHAN AKHADA,
HUMNABAD, BIDAR - 585330.
3. SYED ABDUL BASIT S/O SYED ABDUL WAJID,
AGE: 58 YEARS, OCC: COUNCILOR WARD NO 10,
TOWN MUNICIPAL COUNCIL, HUMNABAD,
R/O. BI BI GALLI, HUMNABAD,
HUMNABAD, BIDAR- 585330.
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
4. AHMED MOINUDDIN S/O ABDUL QUDDUS,
AGE: 62 YEARS, OCC: COUNCILOR WARD NO. 16,
TOWN MUNICIPAL COUNCIL, HUMNABAD,
R/O. NOR KHAN AKHADA, PO HUMNABAD,
HUMNABAD, BIDAR - 585330.
...PETITIONERS
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER,
BASAVAKALYAN, - 585327.
3. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
HUMNABAD, DIST. BIDAR- 585330.
4. THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENNT CELL,
BIDAR- 585404.
5. THE DEPUTY COMMISSIONER
BIDAR- 585401.
6. THE STATE ELECTION COMMISSION
BENGALURU- 560080,
REP BY UNDER SECRETARY.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI SHESHADRI JAISHANKAR M., AGA FOR R1, R2, R4, R5;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3;
SRI SUDARSHAN M., ADVOCATE FOR R6)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I)
QUASH THE NOTIFICATION DATED 27.01.2025 BEARING
NO.SECK/YKB/OTHR/1/2025-ULB ISSUED BY RESPONDENT
NO.6 INSOFAR AS TO SL.NO.185 I.E. HUMNABAD TOWN
MUNICIPAL COUNCIL IS CONCERNED HEREIN, THE CERTIFIED
COPY OF WHICH IS AT ANNEXURE-F AND II) DECLARE THAT
THE DURATION OF THE CURRENCY OF THE ORDER DATED
08.05.2023 APPOINTING ADMINISTRATOR TO HUMNABAD
TWON MUNICIPAL COUNCIL SHALL NOT USURP THE TOTAL OF
FIVE YEARS OF THE TENURE OF THE COUNCILORS AND III)
ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT
NO.1 AND 2 THAT THE FIVE YEAR TERM OF THE COUNCIL
SHOULD BE CALCULATED BY EXCLUDING THE PERIOD FROM
28.06.2023 TO 10.09.2024 AND FURTHER BE DIRECTED THAT
TERM OF TOWN MUNICIPAL COUNCIL WOULD CONTINUE
UNTIL COMPLETION OF 30 MONTHS PERIOD. IV) ISSUE ANY
WRIT, ORDER OR DIRECTION AS THIS HON'BLE COURT MAY
DEEM FIT IN THE FACT AND CIRCUMSTANCES OF THE CASE.
IN WP.NO. 202907 OF 2025:
BETWEEN:
1. DILIP KUMAR S/O BASAVARAJ,
AGE: 71 YEARS, OCC:PRESIDENT TOWN MUNICIPAL
COUNCIL, CHITGUPPA,
R/O. GANDI CHOWK, PO. CHITGUPPA,
CHITGUPPA, DIST. BIDAR- 585412.
2. MD. NASIR KHAN S/O MD. SHABIR KHAN,
AGE: 63 YEARS, OCC: VICE PRESIDENT,
TOWN MUNICIPAL COUNCIL, CHITGUPPA,
R/O. HUSSAINI ALAM, CHITGUPPA,
DIST. BIDAR- 585412.
3. RAHIMAN PASHA S/O PASHA MIYA,
AGE: 47 YEARS, OCC: COUNCILOR WARD NO 20
TOWN MUNICIPAL COUNCIL, CHITGUPPA,
R/O. DASTAGEER MOHALLA, CHITGUPPA,
BIDAR - 585412.
...PETITIONERS
(BY SRI. S.S. MAMADAPUR, ADVOCATE)
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER,
BASAVAKALYAN - 585327.
3. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
CHITGUPPA, DIST. BIDAR- 585330.
4. THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENNT CELL,
BIDAR- 585404.
5. THE DEPUTY COMMISSIONER
BIDAR- 585401.
6. THE STATE ELECTION COMMISSION
BENGALURU- 560080,
REPRESENTED BY UNDER SECRETARY.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI SHESHADRI JAISHANKAR M., AGA FOR R1, R2, R4, R5;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3;
SRI SUDARSHAN M., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I)
QUASH THE NOTIFICATION DATED 27.01.2025 BEARING NO.
SECK/ ULB/ OTHR/ 1/2025-ULB ISSUED BY RESPONDENT NO.6
INSOFAR AS TO SL. NO.182 I.E. CHITGUPPA TOWN MUNICIPAL
COUNCIL IS CONCERNED HEREIN, THE CERTIFIED COPY OF
WHICH IS AT ANNEXURE-E. II) DECLARE THAT THE DURATION
- 20 -
NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
OF THE CURRENCY OF THE ORDER DATED 08.06.2023
APPOINTING ADMINISTRATOR TO CHITGUPPA TOWN
MUNICIPAL COUNCIL SHALL NOT USURP THE TOTAL OF FIVE
YEARS OF THE TENURE OF THE COUNCILORS AND III) ISSUE
WRIT OF MANDAMUS, DIRECTING THE RESPONDENT 1 AND 2
THAT THE FIVE -YEAR TERM OF THE COUNCIL SHOULD BE
CALCULATED BY EXCLUDING THE PERIOD FROM 06.05.2023
TO 27.08.2024 AND FURTHER BE DIRECTED THAT TERM OF
TOWN MUNICIPAL COUNCIL WOULD CONTINUE UNTIL
COMPLETION OF 30 MONTHS PERIOD. IV) ISSUE ANY WRIT,
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE.
IN WP.NO. 202908 OF 2025:
BETWEEN:
1. JAGADEVI W/O RAJU SHANKE,
AGE: 51 YEARS, OCC: PRESIDENT TOWN MUNICIPAL
COUNCIL, HALLIKHED (B,)
R/O. CHRISTION COLONY, HALLIKHED (B),
DIST. BIDAR - 585414.
2. NASREEN BEGUM W/O GOUSODDIN,
AGE: 43 YEARS, OCC: VICE PRESIDENT,
TOWN MUNICIPAL COUNCIL, HALLIKHED (B),
R/O.NAIKWADI, VTC HALLIKHED (B),
PO. HALLIKHED, (B), BIDAR- 585414.
...PETITIONERS
(BY SRI. S.S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
2. THE ASSISTANT COMMISSIONER,
BASAVAKALYAN - 585327.
3. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
HALLIKHED (B), DIST. BIDAR-585401.
4. THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENNT CELL,
BIDAR- 585404.
5. THE DEPUTY COMMISSIONER,
BIDAR- 585401.
6. THE STATE ELECTION COMMISSION,
BENGALURU- 560080,
REPRESENTED BY,
THE UNDER SECRETARY.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI SHESHADRI JAISHANKAR M., AGA FOR R1, R2, R4, R5;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3;
SRI SUDARSHAN M., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I)
QUASH THE NOTIFICATION DATED 27.01.2025 BEARING NO.
SECK/ ULB/ OTHR/ 1/2025-ULB ISSUED BY RESPONDENT NO.6
INSOFAR AS TO SL. NO.184 I.E. HALLIKHED (B) TOWN
MUNICIPAL COUNCIL IS CONCERNED HEREIN, THE CERTIFIED
COPY OF WHICH IS AT ANNEXURE-E. AND II) DECLARE THAT
THE DURATION OF THE CURRENCY OF THE ORDER DATED
04.05.2023 APPOINTING ADMINISTRATOR TO HALLIKHED (B)
TOWN MUNICIPAL COUNCIL SHALL NOT USURP THE TOTAL OF
FIVE YEARS OF THE TENURE OF THE COUNCILORS AND III)
ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT 1
AND 2 THAT THE FIVE -YEAR TERM OF THE COUNCIL SHOULD
BE CALCULATED BY EXCLUDING THE PERIOD FROM 04.05.2023
TO 11.09.2024 AND FURTHER BE DIRECTED THAT TERM OF
TOWN MUNICIPAL COUNCIL WOULD CONTINUE UNTIL
COMPLETION OF 30 MONTHS PERIOD. IV) ISSUE ANY WRIT,
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE.
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NC: 2025:KHC-K:7253
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN WP.NO. 202918 OF 2025 (LB-RES)
BETWEEN:
1. SMT. JAYASHRI W/O RAGHUNATH REDDY,
AGE: 33 YEARS, OCC:PRESIDENT TOWN MUNICIPAL
COUNCIL, GURMITKAL,
R/O.NARAYAPUR, GURMITKAL (RURAL),
GURMITKAL, YADGIR-585214.
2. SMT. RENUKA
AGE: MAJOR, OCC: VICE PRESIDENT TOWN
MUNICIPAL COUNCIL, GURMITKAL,
R/O: GURMITKAL (RURAL), GURMITKAL,
YADGIR-585214.
...PETITIONER
(BY SRI. S.S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER,
YADGIR- 585201.
3. THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
GURMITKAL, DIST. YADGIR- 585214.
4. THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENNT CELL,
YADGIR- 585202.
5. THE DEPUTY COMMISSIONER
YADGIRI- 585202.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI SHESHADRI JAISHANKAR M., AGA FOR R1, R2, R4, R5;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3)
- 23 -
NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I)
QUASH THE LETTER DATED 16.04.2025 BEARING NO.SAM
JINKO/CHUNAVANE/2025-26 ISSUED BY RESPONDENT NO.4
AND QUASH THE LETTER BEARING NO.NaAaE 39 MLR 205(E)
DATED 26.03.2025 INSOFAR AS GURUMITKAL IS CONCERNED
HEREIN PASSED BY RESPONDENT NO.1 THE COPY OF WHICH
IS AT ANNEXURE-H AND H1. II) DECLARE THAT THE
DURATION OF THE CURRENCY OF THE ORDER DATED
08.05.2023 APPOINTING ADMINISTRTOR TO GURMITKAL
TOWN MUNICIPAL COUNCIL SHALL NOT USURP THE TOTAL OF
FIVE YEARS. III) ISSUE WRIT OF MANDAMUS, DIRECTING THE
RESPONDENT NO.1 AND 2 THAT THE FIVE YEAR TERM OF THE
COUNCIL SHOULD BE CALCULATED BY EXCLUDING THE
PERIOD FROM 01.05.2023 TO 07.01.2025 AND FURTHER BE
DIRECTED THAT TERM OF TOWN MUNCIPAL COUNCIL WOULD
CONTINUE UNTIL COMPLETION OF 30 MONTHS PERIOD. IV)
ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT
NO.1 TO CONSIDER THE REPRESENTATION DATED 23.08.2025
VIDE ANNEXURE-J THAT ALLOWING THE PETITIONERS TO
CONTINUE UNTIL COMPLETION OF 30 MONTHS PERIOD.V)
ISSUE ANY WRIT, ORDER OR DIRECTION AS THIS HON'BLE
COURT MAY DEEM FIT IN THE FACT AND CIRCUMSTANCE OF
THE CASE.
IN WP.NO. 202978 OF 2025:
BETWEEN:
1. SMT. MALLAMMA W/O SHANTAPPA,
AGE: 68 YEARS OCC: COUNCILOR,
WARD NO.13, TMC DEODURGA-584111.
2. KHAJA HUSSAIN S/O AHMED HUSSAIN,
AGE: 50 YEARS, OCC: COUNCILOR,
WARD NO.11, TMC DEODURGA-584111.
3. CHANDRASHEKHAR S/O MALLESHAPPA,
AGE: 48 YEARS OCC: COUNCILOR,
WARD NO.9, TMC DEODURGA-584111.
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HC-KAR AND 14 OTHERS
4. CHANDRAKANTH S/O AMALAPPA,
AGE: 48 YEARS OCC: COUNCILOR,
WARD NO.16, TMC DEODURGA-584111.
5. SHIVAMMA BANAL W/O SHARANAPPA,
AGE: 45 YEARS OCC COUNCILOR,
WARD NO.3, TMC DEODURGA-584111.
6. MANAPPA S/O CHANDAPPA,
AGE: 60 YEARS OCC: COUNCILOR,
WARD NO.7, TMC DEODURGA-584111.
7. CHENNAMMA W/O MAHADEV,
AGE: YEARS OCC: COUNCILOR,
WARD NO.8, TMC DEODURGA-584111.
8. YELLAMMA W/O SAHEBGOUDA,
AGE: YEARS OCC: COUNCILOR,
WARD NO.6 TMC DEODURGA-584111.
9. VENKATESH S/O PRAKASH,
AGE: 44 YEARS OCC: COUNCILOR,
WARD NO.12, TMC DEODURGA-584111.
10. G. SABAMMA W/O GUNDAPPA,
AGE: 62 YEARS OCC: COUNCILOR,
WARD NO.19, TMC DEODURGA-584111.
11. LAXMI W/O ERAPPA,
AGE: 48 YEARS OCC: COUNCILOR,
WARD NO.22, TMC DEODURGA-584111.
12. G. PAMPANNA S/O KISTAPPA,
AGE: 65 YEARS OCC: COUNCILOR,
WARD NO.14, TMC DEODURGA-584111
13. NAGARAJ S/O HANAMANTH,
AGE: 40 YEARS OCC: COUNCILOR,
WARD NO.15, TMC DEODURGA-584111.
- 25 -
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
14. NAGAPPA S/O HANAMAYYA,
AGE: 50 YEARS, OCC: COUNCILOR,
WARD NO.17, TMC DEODURGA-584111.
15. BHIMANAGOUDA METI
S/O MUDAKAPPA METI,
AGE: 54 YEARS OCC: COUNCILOR,
WARD NO.4, TMC DEODURGA -584111.
16. RENUKA W/O HANAMANTHRAYA,
AGE: 35 YEARS, OCC: COUNCILOR,
WARD NO.18, TMC DEODURGA -584111.
17. VENKOBA S/O BALAPPA,
AGE: 42 YEARS, OCC: COUNCILOR,
WARD NO.5, TMC DEODURGA-584111.
...PETITIONERS
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU-560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER,
RAICHUR D.C.OFFICE, RAICHUR
4. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL, DEODURGA
TQ. DEODURGA, DIST-VIJAYAPURA.
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WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
5. THE UNDER SECRETARY,
KARNATAKA STATE ELECTION COMMISSION,
NO.16, 2ND AND 3RD FLOOR, BELLARY ROAD,
SADASHIVA NAGAR,
BENGALURU-560080
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE IMPUGNED COMMUNICATION
DATED 27.01.2025 ISSUED BY THE 5TH RESPONDENT
AUTHORITY BEARING NO. SECK/ULB/OTHR/1/2025-ULB AS AT
ANNEXURE-F INSOFAR RELATES TO DEODURGA TMC AT SL NO.
176 AND CONSEQUENTIAL ORDER DATED 26.03.2025
BEARING NO. UDA 39 MLR 2025(E) AS AT ANNEXURE-G
ISSUED BY THE 1ST RESPONDENT AUTHORITY DETERMINING
THE DATE OF COMPLETION OF TENURE OF COUNCILORS AND
CONSEQUENTIALLY THE COMMITTEE INSOFAR AS RELATES TO
AT SL NO. 2, AS CONTRARY TO SECTION 18 AND SECTION 315
OF KARNATAKA MUNICIPALITIES ACT 1964. b) DECLARE THAT
THE DURATION OF THE TENURE OF THE ORDER DATED
08.05.2023 APPOINTING ADMINISTRATOR TO DEODURGA
TOWN MUNICIPAL COUNCIL FROM 11.05.2023 TO 09.02.2025
SHALLNOT USURP THE TOTAL FIVE YEARS OF THE TENURE OF
THE COUNCILORS. c) ISSUE WRIT OF MANDAMUS, DIRECTING
THE RESPONDENT NO. 1 AND 5 TO CALCULATE THE FIVE
YEARS TERM OF THE COUNCIL EXCLUDING THE PERIOD FROM
17.04.2023 TO 22.12.2024 AND FURTHER BE DIRECTED THAT
TERM OF DEODURGA TOWN MUNICIPAL COUNCIL WOULD
CONTINUE UNTIL COMPLETION OF 30 MONTHS TENURE BY
CONSIDERING THE GRIEVANCE OF THE PETITIONERS. d)
ISSUE ANY WRIT, ORDER OR DIRECTION S THIS HON'BLE
COURT MAY DEEMS FIT IN THE FACTS AND CIRCUMSTANCES
OF THE CASE.
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN WP.NO. 203068 OF 2025:
BETWEEN:
1. CHAMPABAI W/O RAJU MISTRI,
AGE: YEARS, OCC: PRESIDENT,
TMC SHAHABAD, R/O. WARD NO.06,
SHAHABAD - 585228, DIST.KALABURAGI.
2. FATIMA BEGUM W/O FAKRAUDDIN,
AGE: YEARS, OCC: VICE -PRESIDENT,
TMC SHAHABAD, R/O. WARD NO.06,
SHAHABAD - 585228,
DIST.KALABURAGI
...PETITIONERS
(BY SRI. MASHAK PATEL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU - 560001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI,
BENGALURU - 560001.
3. THE DEPUTY COMMISSIONER,
D.C.OFFICE, KALABURAGI - 585102.
4. THE COMMISSIONER,
CITY MUNICIPAL COUNCILOR SHAHABAD,
TQ.SHAHABAD - 585228,
DIST. KALABURAGI.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R4)
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED COMMUNICATION DATED 26.03.2025 ISSUED BY
THE 1st RESPONDENT AUTHORITY BEARING NO. UDA 39 MLR
2025 (E) AS AT ANNEXURE-F DETERMINING THE DATE OF
COMPLETION OF TENURE OF COUNCILORS AND
CONSEQUENTIALLY THE COMMITTEE INSOFAR AS RELATES TO
AT SL.NO.01, AS CONTRARY TO SECTION 18 AND SECTION
315 OF KARNATAKA MUNICIPALITIES ACT 1964.B) DECLARE
THAT THE DURATION OF THE CURRENCY OF THE ORDER
DATED 18.07.2023 APPOINTING ADMINISTRATOR TO TMC
SHAHABAD FROM 18.05.2023 TO 14.08.2024 SHALL NOT
USURP THE TOTAL FIVE YEARS TENURE OF THE COUNCILORS.
C) ISSUE ANY WRIT, ORDER OR DIRECTION AS THIS
HONOURABLE COURT MAY DEEM FIT IN THE FACT AND
CIRCUMSTANCE OF THE CASE.
IN WP.NO. 203093 OF 2025:
BETWEEN:
SMT. MEENAKSHI W/O RAMAKRISHNA,
AGED ABOUT- 54 YEARS OCCU: VICE-PRESIDENT,
TOWN MUNICIPAL COUNCIL, MANVI,
R/O WARD NO.23, CHIKALAPARVI ROAD,
AMBEDKAR NAGAR, MANVI, TQ. MANVI,
DIST. RAICHUR-584 123.
...PETITIONER
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS ADDL. PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, BENGALURU-01.
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HC-KAR AND 14 OTHERS
2. THE STATE ELECTION COMMISSION,
KARNATAKA, THROUGH ITS UNDER SECRETARY,
NO.16, 2ND AND 3RD FLOOR, BELLARY ROAD,
SADASHIVANAGAR, BENGALURU-560 080.
3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
V.V.TOWER, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-01.
4. THE DEPUTY COMMISSIONER,
RAICHUR, DIST. RAICHUR-584 101.
5. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL, MANVI,
TQ. MANVI,
DIST. RAICHUR-584 123.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1, R3, R4;
SRI SUDARSHAN M., ADVOCATE FOR R2;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
COMMUNICATION DATED 27.01.2025 ISSUED BY THE 2ND
RESPONDENT AUTHORITY BEARING NO. SECK/ ULB/ OTHR/
1/2025-ULB AS AT ANNEXURE-F, INSOFAR AS IT RELATES TO
5TH RESPONDENT MUNICIPAL COUNCIL AT SL.NO.178. B)
DECLARE THAT THE DURATION OF THE ADMINISTRATION TO
MANVI TOWN MUNICIPAL COUNCIL FROM 11.05.2023 TO
29.08.2024 SHALL NOT USURP THE TOTAL FIVE YEARS OF THE
TENURE OF THE COUNCILORS. C) ISSUE ANY WRIT, ORDER OR
DIRECTION AS THIS HONOURABLE COURT MAY DEEM FIT IN
THE FACT AND CIRCUMSTANCE OF THE CASE.
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WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
IN WP.NO. 203141 OF 2025:
BETWEEN:
SMT. JAGADEVI W/O MUTTAPPA GUNDALLI,
AGED ABOUT 43 YEARS,OCC: PRESIDENT,
TOWN MUNICIPAL COUNCIL BASAVANABAGEWADI
R/O VEERABHADRESHWAR NAGAR,
BASAVANABAGEWADI, TQ. BASAVANABAGEWADI
DIST. VIJAYAPUR- 586203.
...PETITIONER
(BY SRI. SATISHKUMAR D. GADKAR, AND
SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS UNDER SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M S BUILDING, BENGALURU- 01.
2. THE STATE ELECTION COMMISSION KARNATAKA,
THROUGH ITS UNDER SECRETARY,
NO 16 2ND AND 3RD FLOOR BELLARY ROAD,
SADASHIVANAGAR, BENGALURU- 560080.
3. THE DIRECTOR OF MUNICIPAL ADMINSTRATION,
V. V. TOWER, DR. B. R. AMBEDKAR VEEDHI,
BENGALURU- 01.
4. THE DEPUTY COMMISSIONER,
VIJAYAPURA, DIST. VIJAYAPURA- 586101.
5. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL, BASAVANABAGEWADI,
TQ. BASAVANABAGEWADI,
DIST. VIJAYAPURA- 586203.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1, R3 AND R4;
SRI SUDARSHAN M., ADVOCATE FOR R2;
SRI SHIVAKUMAR TENGLI, ADVOCATE FOR R5)
- 31 -
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
COMMUNICATION DATED 24.06.2025 ISSUED BY THE 1st
RESPONDENT AUTHORITY BEARING NO. NAAAE/39/MLR-2025
(E) AS AT ANNEXURE-E CONSEQUENTLY COMMUNICATION
DATED 29.08.2025 ISSUED BY THE 4TH RESPONDENT
BEARING NO.GINAKO/ 01/CHUNAVANE-2025-26 AS AT
ANNEXURE-E1 IN SO FOR AS IT RELATES TO 4TH
RESPONDENT MUNICIPAL COUNCIL. B) DECLARE THAT THE
DURATION OF THE ADMINISTRATOR TO BASAVANABAGEWADI
TOWN MUNICIPAL COUNCIL FROM 04.05.2023 TO 31.03.2025
SHALL NOT USURP THE TOTAL FIVE YEARS OF THE TENURE OF
THE COUNCILORS. C) ISSUE ANY WRIT, ORDER OR DIRECTION
AS THIS HONOURABLE COURT MAY DEEM FIT IN THE FACT
AND CIRCUMSTANCE OF THE CASE.
IN WP.NO. 203148 OF 2025:
BETWEEN:
1. SMT. K JABEEN BEGAM
W/O K MD KARIM,
AGED ABOUT 46 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ. AND DIST. SINDANOOR-584128.
2. SMT NALINI,
W/O CHANDRASHEKAR METI,
AGED ABOUT 48 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ. AND DIST. SINDANOOR-584128.
3. SMT. SAREETHA,
W/O RAJU DATTARAO,
AGED ABOUT 38 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O. SINDANOOR,
TQ. AND DIST. SINDANOOR-584128.
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HC-KAR AND 14 OTHERS
4. SMT SHAMADA BEGAM, W/O PASHA,
AGED ABOUT 48 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O. SINDANOOR,
TQ. AND DIST. SINDANOOR-584128.
5. HANMESH, S/O K MARIYAPPA,
AGED ABOUT 39 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O. SINDANOOR,
TQ, AND DIST. SINDANOOR-584128.
6. SMT HUSSENBEE,
W/O AMZAD KHAN,
AGED ABOUT 50 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O. SINDANOOR,
TQ. AND DIST. SINDANOOR-584128.
7. VEERESH HATTI S/O SANGAPPA HATTI,
AGED ABOUT 45 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O. SINDANOOR,
TQ AND DIST SINDANOOR-584128.
8. ALAM BASHA S/O MOHMAN MIYA,
AGED ABOUT 51 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
9. K JILANI PASHA S/O DASTAGIR,
AGED ABOUT 63 YEARS,
OCCCOUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
10. SRI VEERABADRAPPA S/O VEERANNA,
AGED ABOUT 48 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
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HC-KAR AND 14 OTHERS
11. SMT HUSSAINBEE W/O KHAJA HUSSAIN,
AGED ABOUT 54 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
12. SMT BANDEBEE W/O KHADAR PASHA,
AGED ABOUT 56 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
13. NAGAMMA W/O CHATRAPPA,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
14. SHARANAPPA M/O BALAVVA,
AGED ABOUT 55 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
15. SHABBIR AHEMED S/O MOULA HUSSAINSAB,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
16. CHANDRASHEKAR MAILAR S/O SIDDAPPA,
AGED ABOUT 52 YEARS,
OCC: COUNCILOR TMC SINDANOOR
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
17. DASARI SATYANARAYAN S/O KUTUMBARAO,
AGED ABOUT 61 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
- 34 -
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HC-KAR AND 14 OTHERS
18. SMT SAIDABEE W/O MAINUDDIN,
AGED ABOUT 56 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
19. H BASHA S/O ABDULSAB,
AGED ABOUT 56 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
20. MURTUJA HUSSAIN S/O GESURAJ,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
21. SMT MANJULA W/O PRABHRAJ,
AGED ABOUT 49 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
22. SMT ABEDA BEGAM W/O MUNEER PASHA,
AGED ABOUT 56 YEARS,
OCC: COUNCILOR TMC SINDANOOR
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
23. SHEKARAPPA GINIWAR S/O HIRE SIDDAPPA,
AGED ABOUT 51 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
24. MALLIKARJUN PATIL S/O BASAVANTARAO,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
- 35 -
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HC-KAR AND 14 OTHERS
25. SMT UMA SURESH JADAV
W/O SURESH JADAV,
AGED ABOUT 51 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
26. SMT HUSSAINAMMA
W/O NIRUPADEPPA,
AGED ABOUT 55 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
27. K RAJASHEKAR S/O K NAGAPPA,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
28. SMT LAXMI BANGI W/O TIMMAYYA B,
AGED ABOUT 49 YEARS,
OCC: COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
29. MEHEBOOB DONGRI S/O KHADAR PASHA,
AGED ABOUT 53 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128.
30. SMT AYESHABANU W/O BUDANSAB,
AGED ABOUT 50 YEARS,
OCC:COUNCILOR TMC SINDANOOR,
R/O SINDANOOR,
TQ AND DIST SINDANOOR-584128
...PETITIONERS
(BY SRI. A. M. NAGRAL, ADVOCATE)
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C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT
M.S BUILDING, BANGALORE- 560 001,
REP BY ITS UNDER SECRETARY.
2. THE DEPUTY COMMISSIONER,
RAICHUR,
RAICHUR DISTRICT-584101.
3. THE ASSISTANT COMMISSIONER,
LINGASOOR SUB DIVISION,
RAICHUR DISTRICT-584105.
4. THE SINDANOOR TOWN MUNICIPALITY COUNCIL,
SINDANOOR, TQ. SINDANOORM
RAICHUR DISTRICT-584128,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 RO R3;
SRI R.S. SIDHAPURKAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
COMMUNICATION BEARING NO. NAAAEE- 39 / MLR 2025(E)
DATED 26.03.2025 VIDE ANNEXURE-F PASSED BY
RESPONDENT NO.1. B) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT NO.1 AND 2 TO CALCULATE THE
TERM OF THE RESPONDENT NO.4 TMC BY EXCLUDING THE
PERIOD WHERE THE RESPONDENT NO.4 TMC BEING MANAGED
BY THE RESPONDENT NO.2 ADMINISTRATOR. C) PASS SUCH
OTHER WRIT, ORDER OR DIRECTION THAT THIS HONOURABLE
COURT DEEMS FIT TO PASS IN THE CIRCUMSTANCES OF THE
CASE.
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C/W WP No. 201935 of 2025
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HC-KAR AND 14 OTHERS
IN WP.NO. 203201 OF 2025:
BETWEEN:
1. MAHIBOOB S/O LALSAB GOLASANGI
AGE: 51 YRS OCC: COUNCILLOR,
R/O. 721, UPPAR BADA,
MUDDEBIHAL, DIST BIJAPUR-586212.
2. SADASHIVA S/O BANDEPPA CHALAWADI,
AGE: 69 YRS, OCC: COUNCILLOR,
R/O NEAR DANEMMA TEMPLE,
MARUTI NAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
3. SHIVAPPA S/O SHEKHAPPA HARIJAN,
AGE: 46 YRS, OCC: COUNCILLOR,
R/O. INDIRA NAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
4. BASAVARAJ
S/O HANAMANTRAYA MURNAL,
AGE: 52 YRS, OCC: COUNCILLOR,
R/O NEAR MGMK SCHOOL,
MAHANTESH NAGAR,
MUDDEBIHAL, DIST BIJAPUR-586212.
5. SHAREEFA
W/O HUSSAINBASHA MULIMANI,
AGE: 70 YRS, OCC: COUNCILLOR,
R/O PK NAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
6. PRATIBHA
W/O RUDRAGOUDA ANGADGERI,
AGE: 44 YRS, OCC: COUNCILLOR,
R/O 52, NEAR HANUMAN TEMPLE,
VIDYA NAGAR, MUDDEBIHAL,
DIST BIJAPUR -586212.
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HC-KAR AND 14 OTHERS
7. PREETI
W/O SHARANABASAPPA DEGINAL
AGE: 46 YRS, OCC: COUNCILLOR,
R/O MAHANTESH NAGAR,
MUDDEBIHAL, DIST BIJAPUR-586212.
8. ASHOK S/O YALLAPPA VANAHALLI
AGE: 49 YRS, OCC: COUNCILLOR,
R/O GANESH NAGAR, MUDDEBIHAL,
DIST BIJAPUR -586212.
9. CHANDABI W/O NABISA MAKANDAR,
AGE: 57 YRS, OCC: COUNCILLOR,
R/O BHARAPE STREET,
MUDDEBIHAL, DIST BIJAPUR-586212.
10. SANGAMMA
W/O HANAMANTRAYA DEVARALLI,
AGE: 41 YRS, OCC: COUNCILLOR,
R/O. KHB COLONY, HUDCO 14 CROSS,
MUDDEBIHAL, DIST BIJAPUR-586212.
11. SONABAI W/O NANAPPA LAMANI,
AGE: 62 YRS, OCC: COUNCILLOR,
R/O. PK NAGAR, MUDDEBIHAL,
DIST. BIJAPUR-586212.
12. BHARATI W/O RAYANGOUDA PATIL,
AGE: 47 YRS, OCC: COUNCILLOR,
R/O SADASHIVA NILAYA,
MARUTI NAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
13. RAFEEQ S/O AHMED DRAKSHI
AGE: 57 YRS, OCC: COUNCILLOR,
R/O BASAVA NAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
14. VEERESH S/O YAMANAPPA HADALGERI,
AGE: 45 YRS, OCC: COUNCILLOR,
R/O ALAMATTI ROAD,
SANGAMESH NAGAR MUDDEBIHAL,
DIST BIJAPUR-586212.
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HC-KAR AND 14 OTHERS
15. SAHANA W/O VIJAYKUMAR BADIGER,
AGE: 43 YRS, OCC: COUNCILLOR,
R/O SUPRABHAT COLLEGE ROAD,
VIDYANAGAR, MUDDEBIHAL,
DIST BIJAPUR-586212.
16. SAHERABANU
W/O ALLABAKSHA DAVALAGI,
AGE: 55 YRS, OCC: COUNCILLOR,
R/O SOTHE GALLI,
MUDDEBIHAL, DIST BIJAPUR-586212.
17. YALLAPPA
S/O HANAMANTH NAYAKMAKKAL
AGE: 37 YRS, OCC: COUNCILLOR,
R/O 2426, WARD-04,
MAHANTESH NAGAR MUDDEBIHAL,
DIST BIJAPUR-586212.
18. SHAHAJADBI
W/O ALLABAKSHA HUNACHAGI,
AGE 70 YEARS, OCC: COUNCILLOR,
R/O 109/9, MEELINA ONI, MUDDEBIHAL,
DIST. BIJAPUR-586212.
...PETITIONERS
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT
M.S BUILDING,
BENAGALURU- 560 001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
V.V TOWER, DR. B.R AMBEDKAR VEEDHI,
BENGALURU- 560 001.
3. THE DEPUTY COMMISSIONER
D.C OFFICE, VIJAYAPURA-586101.
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HC-KAR AND 14 OTHERS
4. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
MUDDEBIHAL, VIJAYPURA-585212.
5. THE UNDER SECRETARY
KARNATAKA STATE ELECTION COMMISSION,
NO. 16, 2ND AND 3RD FLOOR,
BELLARY ROAD,
SADASHIVA NAGAR,
BENGALURU- 560 080
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI HARSHAVARDHAN R. MALIPATIL ,ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
COMMUNICATION DATED 27.01.2025 ISSUED BY THE 5TH
RESPONDENT BEARING NO. SECK/ ULB/ OTHR/ 1/2025-ULB AS
AT ANNEXURE-G DETERMINING THE DATE OF COMPLETION OF
TENURE OF COUNCILLORS AND CONSEQUENTIALLY THE
COMMITTEE INSOFAR AS RELATES TO AT SL.NO.109, AS
CONTRARY TO SECTION 18 AND SECTION 315 OF KARNATAKA
MUNICIPALITIES ACT 1964. B) DECLARE THAT THE DURATION
OF THE TENURE OF THE ORDER DATED 08.05.2025
APPOINTING ADMINISTRATOR TO MUDDEBIHAL TOWN
MUNICIPAL COUNCIL FROM 28.04.2023 TO 10.09.2024 SHALL
NOT USURP THE FIVE YEARS OF THE TENURE OF THE
COUNCILLORS. C) ISSUE WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CALCULATE THE FIVE YEARS TERM OF THE
COUNCIL EXCLUDING THE PERIOD FROM 28.04.2023 TO
10.09.2024 AND FURTHER BE DIRECTED THAT TERM OF
MUDDEBIHAL TOWN MUNICIPAL COUNCIL WOULD CONTINUE
UNTIL COMPLETION OF 30 MONTHS TENURE. D) ISSUE ANY
OTHER ORDER OR DIRECTION AS THIS HONOURABLE COURT
MAY DEEM FIT IN THE FACT AND CIRCUMSTANCES OF THE
CASE.
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HC-KAR AND 14 OTHERS
IN WP.NO. 203357 OF 2025:
BETWEEN:
1. IMRAN KHAN S/O M BENIYAZ KHAN,
AGE: 38 YEARS,OCC: COUNSELOR,
R/O H NO 43/99, KHILA DHOBI GALLI,
BASAVAKALYAN TOWN, DIST. BIDAR- 585327.
2. MD. ABDUL KAREEM S/O MD KHAJA MIYA,
AGE: 43 YEARS, OCC: COUNSELOR,
R/O. 8941/26 SHA HUSSAIN STREET,
BASAVAKALYAN TOWN, DIST. BIDAR- 585327.
3. MOIN PASHA S/O RAJESAB,
AGE: 46 YEARS, OCC: COUNSELOR,
R/O H NO 9-221 SHA, HUSSAIN STREET,
BASAVAKALYAN TOWN, DIST. BIDAR- 585327.
4. MOHAMMED SAMIUDDIN S/O SHAMSHODDIN,
AGE: 49 YEARS, OCC: COUNSELOR,
R/O H NO 51 GUNDI GALLI, BASAVAKALYAN TOWN
DIST. BIDAR- 585327.
...PETITIONERS
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETRY,
DEPARTMENT OF URBAN DEVELOPMENT,
M S BUILDING, BENGALURU,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
KALABURAGI- 585107
2. THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
BIDAR-585401.
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3. THE COMMISSIONER,
CITY MUNICIPAL COUNCIL BASAVAKALYAN,
TQ. BASAVAKALYAN, DIST. BIDAR- 585327.
4. THE PROJECT DIRECTOR,
DISTRICT URBAN DEVELOPMENT CELL,
BIDAR-585401.
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 AND R2;
SRI HARSHAVARDHAN R. MALIPATIL ,ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO -I)
QUASH THE LETTER DATED 11.04.2025 BEARING NO.
SAM.JINAKO/VIVIDH/ CR/ 46-2024-25 ISSUED BY
RESPONDENT NO. 4 HEREIN THE VIDE AS ANNEXURE-G AND
II) DECLARE THAT THE DURATION OF THE CURRENCY OF THE
ORDER DATED 08.06.2023 APPOINTING ADMINISTRATION TO
BASAVAKALYAN CITY MUNICIPAL COUNCIL SHALL NOT USURP
THE TOTAL OF FIVE YEAR OF THE TENURE OF THE
COUNCILORS AND III) ISSUE WRIT OF MANDAMUS DIRECTING
THE RESPONDENT NO. 1 AND 2 THAT THE FIVE YEAR TERM OF
THE COUNCIL SHOULD BE CALCULATED BY EXCLUDING THE
PERIOD FROM 01.05.2023, TO 07.01.2025 AND FURTHER BE
DIRECTED THAT TERM OF BASAVAKALYAN CITY MUNICIPAL
COUNCIL WOULD CONTINUE UNTIL AT LEAST 31.07.2027 IV)
ISSUE ANY WRIT, ORDER OR DIRECTION AS THIS
HONOURABLE COURT MAY DEEM FIT IN THE FACT AND
CIRCUMSTANCES OF THE CASE.
IN WP.NO. 203362 OF 2025:
BETWEEN:
1. MOHAMMED FIRDOUS ARIF
S/O HAFIZUDDIN ANSARI,
AGE: 45 YEARS,OCC: COUNCILLOR,
R/O 5-2-9 DARGA ROAD, OLD ANSARI MOHALLA,
TQ ALAND DIST KALABURAGI.
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2. KAVITA W/O SANJAY NAIK,
AGE: 44 YEARS, OCC: COUNCILLOR,
R/O VENKATESH NAGAR, MATKI RASTE,
TQ ALAND DIST KALABURAGI.
3. LAXMAN S/O KENCHANNA ZHALKIKAR,
AGE: 41 YEARS,OCC: COUNCILLOR,
R/O BHEEM NAGAR, TQ ALAND DIST KALABURAGI.
4. ASIF ALI S/O YOUSUF ALI CHOUSE,
AGE: 41 YEARS, OCC: COUNCILLOR,
R/O 2-5-94 NEAR ALLA KATTA NOUKADI GALLI,
TQ ALAND DIST KALABURAGI.
5. RESHMA ANJUM W/O TAYYAB ALI SHEIKH,
AGE: 40 YEARS,OCC: COUNCILLOR,
R/O NOORANI MOHALLA,
TQ ALAND DIST KALABURAGI.
6. NASREEN BANU W/O ABDUL MAJEED,
AGE 35 YEARS,OCC COUNCILLOR,
R/O SULTANPUR GALLI,
TQ ALAND DIST KALABURAGI.
7. KHAJA BI W/O FAKRODDIN SAVALGI,
AGE: 36 YEARS,OCC: COUNCILLOR,
R/O 7/1/19 KHAYAMPURA MOHALLA,
ALI MASJID KHYAMPURA,
TQ ALAND DIST KALABURAGI.
8. SANDEEP S/O MADUKA PATRE,
AGE: 37 YEARS,OCC: COUNCILLOR,
R/O 11/4/14/1 MANGAWAD GALLI,
OPP SC/ST HOSTEL TQ ALAND DIST KALABURAGI.
9. MRUTUNJAYA S/O SIDRAMAPPA ALURE,
AGE :57 YEARS,OCC: COUNCILLOR,
R/O 5-4-81 SHARAN NAGAR,
TQ ALAND DIST KALABURAGI.
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10. VIJAYALAXMI W/O RAJKUMAR SANMUKH,
AGE: 37 YEARS,OCC: COUNCILLOR,
R/O NEAR CHOUDESHWAR MANDIR,
SHARAN NAGAR, TQ ALAND DIST KALABURAGI.
11. ABDUL WAHEED ZARDI
S/O MOHAMMED HUSSAIN SAB ZARDI,
AGE: 36 YEARS,OCC: COUNCILLOR,
R/O 6-1-57 HEBLI ROAD NEKAR COLONY,
TQ ALAND DIST KALABURAGI.
12. SHRISHAIL S/O ANNARAO PATIL,
AGE: 50 YEARS,OCC: COUNCILOR,
R/O 2-4-96 NOWKADI GALLI,
TQ ALAND DIST KALABURAGI.
13. RAJSHREE W/O SHRISHAIL KHAJURI,
AGE: 45 YEARS,OCC: COUNCILLOR,
R/O 3-4-8/2 HATYAN GALLI,
NEAR MAHADEV MANDIR,
TQ ALAND DIST KALABURAGI.
14. PRATIBHA W/O PRABHAKAR GANATE
AGE: 53 YRS, OCC: COUNCILLOR,
R/O 1-5-87, DEVI MANDIR,
SULTANPUR GALLI,
TQ ALAND DIST KALABURAGI.
15. CHANDRAKANT S/O ADAVEPPA HATTARKI
AGE: 57 YRS, OCC: COUNCILLOR,
R/O 6/4/67, NEAR DEVI KATI,
BALENA GALLI,
TQ ALAND DIST KALABURAGI.
16. SHIVPUTRA S/O DEVENDRAPPA NADGERI
AGE: 38 YRS, OCC: COUNCILLOR,
R/O 3-5-24, NEAR BUDDHA VIHAR,
BHEEM NAGAR,
TQ ALAND DIST KALABURAGI
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17. SHAHIDA BEGUM
W/O ABDUL HAMEED ZAMADAR
AGE: 44 YRS, OCC: COUNCILLOR,
R/O 10/1/46, RAZVI ROAD,
BANGADI PEER COLONY,
TQ ALAND DIST KALABURAGI.
18. DHONDIBA
S/O VITHALRAO SOLANKAR
AGE: 44 YRS, OCC: COUNCILLOR,
R/O 1/3/63, SULTANPUR GALLI,
TQ ALAND DIST KALABURAGI.
19. KAVITA W/O GOVIND
AGE: 48 YRS, OCC: COUNCILLOR,
R/O NO.5, REVANSIDDESHWAR COLONY,
TQ ALAND DIST KALABURAGI.
20. SOMSHEKHAR S/O ANANDRAO HATTARKI,
AGE: 48 YRS, OCC: COUNCILLOR,
R/O 6-3-78, NEAR BASAVANNA KATTI,
BALANKERI,
TQ ALAND, DIST KALABURAGI.
21. KANYAKUMARI W/O SIDDU PUJARI,
AGE: 33 YRS, OCC: COUNCILLOR,
R/O PURJARI COLONY,
TQ ALAND, DIST KALABURAGI.
22. RUKMANI W/O RAJKUMAR,
AGE: 35 YRS, OCC: COUNCILLOR,
R/O DARGA BASE, MANGWADA,
TQ ALAND, DIST KALABURAGI.
23. SHABANA W/O MEER AHMED
AGE: 37 YRS, OCC: COUNCILLOR,
R/O NEAR SHIVALAL KIRANA SHOP,
MATKI ROAD, TQ ALAND, DIST KALABURAGI.
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24. ASMITA W/O VIJAYKUMAR CHITGOPEKAR,
AGE: 52 YRS, OCC: COUNCILLOR,
R/O BRAHMAN GALLI,
NEAR RAM MANDIR,
TQ ALAND, DIST KALABURAGI.
25. SANTOSH S/O SURESH HUGAR,
AGE: 39 YRS, OCC: COUNCILLOR,
R/O 6/1/16/26, MAIN ROAD,
REVANSIDDESHWAR COLONY,
TQ ALAND, DIST KALABURAGI.
26. AMJAD ALI S/O HASAN ALI
AGE: 66 YRS, OCC: COUNCILLOR,
R/O 10-1-21, RAZVI ROAD, BAHAR PETH,
TQ ALAND, DIST KALABURAGI.
27. SUJATA W/O SIDDARAM HATTARKI,
AGE: 47 YRS, OCC: COUNCILLOR,
R/O NEAR BASAVANNA KATTI,
BALANKERI,
TQ ALAND,DIST KALABURAGI.
...PETITIONERS
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S BUILDING, BENAGALURU- 560 001
2. THE DIRECTOR OF MUNICIPAL ADMINSTRATION,
V.V TOWER, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU- 560 001.
3. THE DEPUTY COMMISSIONER,
D.C OFFICE, KALABURAGI-585101.
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4. THE CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL, ALAND,
KALABURAGI-585101.
5. THE UNDER SECRETARY
KARNATAKA STATE ELECTION COMMISSION,
NO. 16, 2ND AND 3RD FLOOR,
BELLARY ROAD,
SADASHIVA NAGAR,
BENGALURU-560 080
...RESPONDENTS
(BY SRI MALAHARRAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI HARSHAVARDHAN R. MALIPATIL ,ADVOCATE FOR R4;
SRI SUDARSHAN M., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
COMMUNICATION DATED 27.01.2025 ISSUED BY THE 5TH
RESPONDENT BEARING NO. SECK / ULB / OTHR / 1 / 2025-ULB
AS AT ANNEXURE-G DETERMINING THE DATE OF COMPLETION
OF TENURE OF COUNCILLORS AND CONSEQUENTIALLY THE
COMMITTEE INSOFAR AS RELATES TO AT SL.NO.161 AS
CONTRARY TO SECTION 18 AND SECTION 315 OF KARNATAKA
MUNICIPALITIES ACT 1964. B) DECLARE THAT THE DURATION
OF THE TENURE OF THE ORDER DATED 12.05.2023
APPOINTING ADMINISTRATOR TO ALAND TOWN MUNICIPAL
COUNCIL FROM 07.05.2023 TO 28.02.2025 SHALL NOT USURP
THE FIVE YEARS OF THE TENURE OF THE COUNCILORS. C)
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CALCULATE THE FIVE YEARS TERM OF THE COUNCIL
EXCLUDING THE PERIOD FROM 07.05.2023 TO 28.02.2025
AND FURTHER BE DIRECTED THAT TERM OF ALAND TOWN
MUNICIPAL COUNCIL WOULD CONTINUE UNTIL COMPLETION
OF 30 MONTHS TENURE. D) ISSUE ANY OTHER ORDER OR
DIRECTION AS THIS HONOURABLE COURT MAY DEEM FIT IN
THE FACT AND CIRCUMSTANCES OF THE CASE.
THESE PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) W.P.No.203332/2025:
The petitioner in W.P.No.203332/2025 claiming to be the member of Town Panchayat, Hatti having been elected in the month of September, 2018 is before this Court contending inter alia:
1.1 That the elections to the Town Panchayath, Hatti was held in the month of September 2018. 1.2 That the first meeting was held on 09.11.2020, electing the President and Vice President for initial tenure of 30 months which expired on 09.05.2023. 1.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 16.05.2023. 1.4 An administrator was appointed for a period of 17 months from 16.05.2023 to 31.09.2024, in view of the challenge to the roster points adopted by the State.
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1.5 Thereafter, election to the post of President and Vice President for the second terms were held on 27.08.2024.
1.6 That before the expiry of the second term of 30 months, the respondent No.1 had issued a communication dated 27.01.2025 to the respondent No.3 to hold election to the post of members of the Town Panchayath. In furtherance thereof, respondent No.1 has issued direction to respondent No.4 - authority to hold election for the post of members of the Panchayath on or before 09.11.2025, without taking into consideration the 17 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered. Being aggrieved, the petitioner is before this Court seeking following reliefs:
a) Issue a writ of certiorari communication/letter bearing No. SECK / ULB / OTHR / 1 / 2025-ULB dated 27-01-2025 issued by the 1st respondent authority vide Annexure-E determining the date of completion of tenure of Town Panchayat Member
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NC: 2025:KHC-K:7253 WP No. 203332 of 2025 C/W WP No. 201935 of 2025 WP No. 202505 of 2025 HC-KAR AND 14 OTHERS of Hatti, Raichur District, issued by the 1st respondent for holding the elections for the post of Afzalpur Councilors on or before 09-11-2025, insofar as relates to at Sl.No.180, as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that, the duration of the currency of the order dated 28-7-2023, vide Annexure-B, appointing administrator to Afzalpur Town Municipal Council from 16-05-2023 to 31-09-2024 shall not usurp the total five years of the tenure of the Town Panchayat Member.
c) Issue writ of mandamus, directing them respondents No.1 to 4 to calculate the five years term of the member excluding the period from 16-05-2023 to 31-09-2024 and further be directed that term of Hatti Town Panchayat Member would continue until completion of 30 months tenure by considering the grievance of the petitioner.
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case.
IN W.P.NO.201935/2025 :-
2. The petitioner in this petition claiming to be the President of Ward No.22 - Basavakalyan City Municipal Council of Basavakalyan Taluk is before this Court contending inter alia:
2.1 That elections to the Basavakalyan City Municipal Council, Basavakalyan were held in the year 2020.
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2.2 That the first meeting was held on 31.10.2020,
electing the President and Vice President for initial tenure of 30 months which expired on 30.04.2023. 2.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
2.4 An administrator was appointed on 01.05.2023, in view of the challenge to the roster points adopted by the State.
2.5 Thereafter, election for the post of President and Vice President for the second terms were held on 07.01.2025.
2.6 That before the expiry of the second term of 30 months, the respondent No.2 has issued a communication dated 11.04.2025 to the respondent No.3 to determine the ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that the tenure of Basavakalyan Municipal Council is to expire on 31.10.2025 without taking into consideration the period occupied by the Administrator which would result in continuation of the term atleast till 31.07.2027.
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2.7 Being aggrieved, the petitioner is before this
Court seeking following reliefs:
a) To quash the letter dated 11.04.2025 bearing No.
SAM. JINKO / VIVIDH / CR / 46 / 2024-25 issued by respondent No.4 hereon the certified copy of which is at Annexure-G,
b) Declare that the duration of the currency of the order dated 08.06.2023 appointing administrator to Basavakalyan City Municipal Council shall not usurp the total of five years of the tenure of the councilors,
c) Issue writ of mandamus, directing the respondents No.1 and 2 that the five year terms of the council should be calculated by excluding the period from 01.05.2023 to 07.01.2025 and further be directed the term of Basavakalyan City Municipal would continue until at least 31.07.2027.
d) Issue any writ, order or direction as this Hon'ble Court may deems fit in the facts and circumstance of the case.
IN W.P.NO.202505/2025 :-
3. The petitioners in this petition claiming to be the elected councilors of City Municipal Council, Yadgiri of Ward Nos.05, 16, 06, 29, 17,02, 03, 07, 08, 15, 09, 21, 18, 24, 10, 31, 25, 26, 22, 30, 14, 12, 27, 01, 04, 23, 13, 19, 29 and 20 respectively, are before this Court contending inter alia:
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3.1 That elections to the City Municipal Council,
Yadgiri District, was held on 03.09.2018. 3.2 That the first meeting was held on 29.10.2020, electing the President and Vice President for initial tenure of 30 months which expired on 29.04.2023. 3.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 02.10.2024. 3.4 An administrator was appointed for a period of 18 months between 30.04.2023 to 02.10.2024, in view of the challenge to the roster points adopted by the State. 3.5 Thereafter, election for the post of President and Vice President for the second terms were held on 16.11.2024.
3.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 26.03.2025 to the respondent No.3 to hold election to the post of Councilors of the City Municipal Council, Yadgiri. In furtherance thereof, respondent No.1 has
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NC: 2025:KHC-K:7253 WP No. 203332 of 2025 C/W WP No. 201935 of 2025 WP No. 202505 of 2025 HC-KAR AND 14 OTHERS issued direction to respondent No.4 - authority to hold election for the post of Councilors of the City Municipal Council, Yadgiri on or before 29.10.2025, without taking into consideration the 18 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioners and the same has not been considered.
4. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) Issue a writ of certiorari to quash the impugned communication dated 26-03-2025 issued by the 1st respondent authority bearing No. UDA 39 MLR 2025
(e) as at Annexure-E determining the date of completion of tenure of councilors and consequentially the committee insofar as relates to at Sl.No.1 as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
aa) Issue a writ of certiorari to quash the notification dated 06.11.2025 bearing No. UDD 287 MLR 2025 duly published in the official gazette on 07.11.2025 at Annexure-G issued by the 1st respondent authority as in violation of 243-U of the constitution, in the interest of justice,
b) Declare that the duration of the currency of the order dated 08-05-2023 appointing administrator to Yadagiri City Municipal Council from 08-05-2023 to 16-11-2024 shall not usurp the total five years of the tenure of the councilors.
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c) Issue writ of mandamus, directing the respondents No.1 and 2 to calculate the five years terms of the council excluding the period from 08-05-2023 to 16- 11-2024 and further be directed that term of Yadagiri City Municipal Council would continue until completion of 30 months tenure by considering the grievance of the petitioner vide representation dated 08-07-2025 as at Annexure-F.
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.
IN W.P.NO.202581/2025 :-
5. The petitioners in this petition claiming to be the Councilors of Town Municipal Councils, of Ward Nos.23, 09, 08, 07, 01, 12, 02, 03, 05, 06, 10, 11, 13, 14 to 22 respectively, of Chittapur Taluka, are before this Court contending inter alia:
5.1 That elections to the Town Municipal Council, Chittapur was held on 03.09.2018.
5.2 That the first meeting was held on 27.10.2020, electing the President and Vice President for initial tenure of 30 months which expired on 25.05.2023.
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5.3 The second tenure did not commence as there
was a delay in publishing the reservation for the post of President and Vice President till 12.07.2024. 5.4 An administrator was appointed for a period of 18 months between 25.05.2023 to 05.08.2024, in view of the challenge to the roster points adopted by the State. 5.5 Thereafter, election for the post of President and Vice President for the second terms were held on 28.02.2025.
5.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 26.03.2025 to the respondent No.3 to hold election to the post of Councilors of the Town Municipal Council, Chittapur. In furtherance thereof, respondent No.1 has issued direction to authority to hold election for the post of Councilors of the Town Municipal Council, Chittapur on or before 09.11.2025, without taking into consideration the 18 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
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6. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) Issue a writ of certiorari to quash the impugned communication dated 26.03.2025 issued by the 1st respondent authority bearing No. UDA 39 MLR 2025
(e) as at Annexure-E determining the date of completion of tenure of Councilors and consequentially the committee insofar as relates to at Sl.No.3 as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that the duration of the currency of the order dated 25.05.2023 appointing administrator to Town Municipal Council, Chittapur from 25.05.2023 to 05.08.2024 shall not usurp the total five years of the tenure of the Councilors.
c) Issue writ of mandamus, directing the respondent Nos.1 and 2 to calculate the five years terms of the council excluding the period from 25.05.2023 to 05.08.2024 and further be directed that term of TMC Chittapur would continue until completion of 30 months tenure by considering the grievance of the petitioners.
d) Issue any writ order or direction as this Hon'ble Court may deems fit in the facts and circumstances of the case.
IN W.P.NO.202812/2025 :-
7. The petitioners in this petition claiming to be the Councilors of Town Municipal Council, Talikote, of Ward Nos.1, 3, 5, 7, 8, 10 to 15, 17 to 23, respectively, of Dist:
Vijayapura, are before this Court contending inter alia:
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7.1 That elections to the Town Municipal Council,
Talikote, was held on 09.05.2019.
7.2 That the first meeting was held on 10.11.2020,
electing the President and Vice President for initial tenure of 30 months. That the said period of 30 months tenure expired on 09.05.2023.
7.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 05.08.2024. 7.4 An administrator was appointed for a period of 21 months between 10.05.2023 to 09.02.2025, in view of the challenge to the roster points adopted by the State. 7.5 Thereafter, election for the post of President and Vice President for the second terms were held on 05.08.2024.
7.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 24.06.2025 to the respondent No.3 to hold election to the post of Councilors of the Town Municipal Council,
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NC: 2025:KHC-K:7253 WP No. 203332 of 2025 C/W WP No. 201935 of 2025 WP No. 202505 of 2025 HC-KAR AND 14 OTHERS Talikote. In furtherance thereof, respondent No.1 has issued direction to the authority to hold election for the post of Councilors of the Town Municipal Council, Talikote, on or before 27.10.2025, without taking into consideration the 21 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
8. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) Issue a writ of certiorari to quash the impugned communication dated 27.01.2025 issued by the 5th respondent authority bearing No.SECK / ULB / ITHR / 1 / 2025-ULB as at Annexure-G and consequential order dated 24.06.2025 bearing No. UDA 39 MLR 2025(e) as at Annexure-H issued by the 1st respondent authority determining the date of completion of tenure of councilors and consequentially the committee insofar as relates to at Sl.No.115, as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
aa) Issue a writ of certiorari to quash the notification dated 06.11.2025 bearing No. UDD 287 MLR 2025 duly published in the official gazette on 07.11.2025 as per Annexure-L issued by the 1st respondent authority as in violation of 243-U of the constitution, in the interest of justice.
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b) Declare that the duration of the tenure of the order dated 08.05.2023 appointing administrator to Talikote Town Municipal Council from 11.05.2023 to 09.02.2025 shall not usurp the total five years of the tenure of the Councilors.
c) Issue writ of mandamus, directing the respondents No.1 and 5 to calculate the five years term of the council excluding the period from 11.05.2023 to 09.02.2025 and further be directed that term of Talikote Town Municipal Council would continue until completion of 30 months tenure by considering the grievance of the petitioners vide representation dated 13.09.2025 as at Annexure-j.
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case. IN W.P.NO.202899/2025 :-
9. The petitioners in W.P.No.202899/2025 claiming to be the President, Vice President and Members of Town Municipal Council, Humnabad, of Ward Nos.20, 23, 10 and 16 respectively, of Taluk Humnabad Dist:
Bidar, are before this Court contending inter alia:
9.1 That elections to the Town Municipal Council, Humnabad, was held in the year 2019.
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9.2 That the first meeting was held electing the
President and Vice President for initial tenure of 30 months which expired on 28.06.2023.
9.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
9.4 An administrator was appointed and he took charge on 28.06.2023, in view of the challenge to the roster points adopted by the State.
9.5 Thereafter, election for the post of President and Vice President for the second terms were held on 10.09.2024.
9.6 That before the expiry of the second term of 30 months, the respondent No.6 has issued a communication dated 27.01.2025 to the respondent No.1 to determine ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that tenure of Humnabad Town Municipal Council is to expire on
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06.11.2025 without taking into consideration the period occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
10. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) To quash the notification dated 27.01.2025 bearing No. SECK / YKB / OTHR / 1 / 2025-ULB issued by respondent No.6 insofar as to Sl.No.185 i.e., Humnabad Town Municipal Council is concerned herein, the certified copy of which is at Annexure-F and
b) Declare that the duration of the currency of the order dated 08.05.2023 appointing administrator to Humnabad Town Municipal Council shall not usurp the total of five years of the tenure of the councilors and
c) Issue writ of mandamus, directing the respondents No.1 and 2 that the five year term of the council should be calculated by excluding the period from 28.06.2023 to 10.09.2024 and further be directed that term of Town Municipal Council would continue until completion of 30 months period.
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstances of the case.
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IN W.P.NO.202907/2025 :-
11. The petitioners in this petition claiming to be the President, Vice President and Councilor, of Ward Nos.17, 18 and 20 respectively, of Town Municipal Council, Chitguppa, Taluka Bidar Dist: Bidar, are before this Court contending inter alia:
11.1 That elections to the Town Municipal Council, Chitguppa, was held in the year 2019.
11.2 That the first meeting was held electing the President and Vice President for initial tenure of 30 months which expire on 06.05.2023.
11.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
11.4 An administrator was appointed and he took charge on 08.05.2023, in view of the challenge to the roster points adopted by the State.
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11.4 Thereafter, election for the post of President
and Vice President for the second terms were held on 12.09.2024.
11.5. That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 26.05.2025 to the respondent No.5 to hold election to the post of President and Vice President of the Town Municipal Council, Chitguppa. In furtherance thereof, respondent No.1 has issued direction to respondent No.4 - authority to hold election for the post of members of the Panchayath without taking into consideration the period occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
12. Being aggrieved, the petitioners are before this Court seeking following reliefs:
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a) To quash the notification dated 27.01.2025 bearing No. SECK / ULB / OTHR / 1 / 2025-ULB issued by respondent No.6 insofar as to Sl.No.182 i.e., Chitguppa Town Municipal Council is concerned herein, the certified copy of which is at Annexure-E,
b) Declare that the duration of the currency of the order dated 08.06.2023 appointing administrator to Chitguppa Town Municipal Council shall not usurp the total of five years of the tenure of the councilors and
c) Issue writ of mandamus, directing the respondents No.1 and 2 that the five years term of the council should be calculated by excluding the period from 06.05.2023 to 27.08.2024 and further be directed that term of Town Municipal Council would continue until completion of 30 months period.
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case. IN W.P.NO.202908/2025 :-
13. The petitioners in this petition claiming to be the Members of Ward Nos.10 and 06 respectively, of Town Municipal Council, Hallikhed (B), Dist: Bidar, are before this Court contending inter alia:
13.1 That elections to the Town Municipal Council, Hallikhed (B), was held in the year 2019.
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13.2 That the first meeting was held electing the
President and Vice President for initial tenure of 30 months which expired on 30.05.2023.
13.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
13.4 An administrator was appointed and he took charge on 04.05.2023, in view of the challenge to the roster points adopted by the State.
13.5 Thereafter, election for the post of President and Vice President for the second terms were held on 11.09.2024.
13.5 That before the expiry of the second term of 30 months, the respondent No.6 has issued a communication dated 27.01.2025 to the respondent No.1 for determination of ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that tenure of Hallikhed(B) Town Municipal Council is to expire on 04.11.2025 without taking into consideration the period occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
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14. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) To quash the notification dated 27.01.2025 bearing No. SECK / ULB / OTHR / 1 / 2025-ULB issued by respondent No.6 insofar as to Sl.No.184 i.e., Hallikhed (B) Town Municipal Council is concerned herein, the certified copy of which is at Annexure-E,
b) Declare that the duration of the currency of the order dated 04.05.2023 appointing administrator to Hallikhed (B) Town Municipal Council shall not usurp the total of five years of the tenure of the councilors,
c) Issue writ of mandamus, directing the respondents No.1 and 2 that the five years term of the council should be calculated by excluding the period from 04.05.2023 to 11.09.2024 and further be directed that term of town municipal council would continue until completion of 30 months period and
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case.
IN W.P.NO.202918/2025 :-
15. The petitioners in this petition claiming to be the Members of Ward Nos.11 and 14 respectively, of Town Municipal Council, Gurmitkal, Dist: Yadgiri, are before this Court contending inter alia:
15.1 That elections to the Town Municipal Council, Gurmitkal, was held in the year 2018.
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15.2 That the first meeting was held electing the
President and Vice President for initial tenure of 30 months which expired on 01.05.2023.
15.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
15.4 An administrator was appointed and he took charge on 02.06.2023, in view of the challenge to the roster points adopted by the State.
15.5 Thereafter, election for the post of President and Vice President for the second terms were held on 10.02.2025.
15.6 That before the expiry of the second term of 30 months, the respondent No.4 has issued a communication dated 16.04.2025 to the respondent No.3 for determination of ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that tenure of Gurmitkal Town Municipal Council is to expire on 02.11.2025 without taking into consideration the period
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occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
16. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) To quash the letter dated 16.04.2025 bearing No. SAM JINKO / CHUNAVANE / 2025-26 issued by respondent No.4 and quash the letter bearing No. NAAAE 39 MLR 205(e) dated 26.03.2025 insofar as Gurumitkal is concerned herein passed by respondent No.1 the copy of which is at Annexures-H and H1.
b) Declare that the duration of the currency of the order dated 08.05.2023 appointing Administrator to Gurmitkal Town Municipal Council shall not usurp the total of five years.
c) Issue writ of mandamus, directing the respondents No.1 and 2 that the five year term of the council should be calculated by excluding the period from 01.05.2023 to 07.01.2025 and further be directed that term of Town Municipal Council would continue until completion of 30 months period.
d) Issue writ of mandamus, directing the respondents No.1 to consider the representation dated 23.08.2025 vide Annexure-J that allowing the petitioners to continue until completion of 30 months period.
e) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case.
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IN W.P.NO.202978/2025 :-
17. The petitioners in this petition claiming to be the Councilors of Ward Nos.13, 11, 09, 16, 03, 07, 08, 06, 12, 19, 22, 14, 15, 17, 04, 18 and 05 respectively, of Town Municipal Council, Deodurga, are before this Court contending inter alia:
17.1 That elections to the Town Municipal Council, Deodurga, was held on 03.09.2018.
17.2 That the first meeting was held on 17.10.2020, electing the President and Vice President for initial tenure of 30 months which expired on 23.04.2023.
17.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 16.04.2023.
17.4 An administrator was appointed for a period of 20 months between 17.04.2023 to 22.12.2024, in view of the challenge to the roster points adopted by the State.
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17.5 Thereafter, election for the post of President
and Vice President for the second terms were held on 23.12.2024.
17.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 26.03.2025 to the respondent No.3 to hold election to the post of Councilors of the Town Municipal Council, Deodurga. In furtherance thereof, respondent No.5 has issued direction to respondent No.1 - authority to hold election for the post of Councilors of the Town Municipal Council, Deodurga on or before 17.10.2025, without taking into consideration the 20 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
18. Being aggrieved, the petitioners are before this Court seeking following reliefs:
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a) To issue a writ of certiorari to quash the impugned communication dated 27.01.2025 issued by the 5th respondent authority bearing No. SECK / ULB / OTHR / 1 / 2025-ULB as at Annexure-F insofar relates to Deodurga TMC at Sl.No.176 and consequential order dated 26.03.2025 bearing No. UDA 39 MLR 2025(e) as at Annexure-G issued by the 1st respondent - authority determining the date of completion of tenure of councilors and consequentially the committee insofar as relates to at Sl.No.2, as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that the duration of the tenure of the order dated 08.05.2023 appointing administrator to Deodurga Town Municipal Council from 11.05.2023 to 09.02.2025 shall not usurp the total five years of the tenure of the councilors.
c) Issue writ of mandamus, directing the respondents No.1 and 5 to calculate the five years term of the council excluding the period from 17.04.2023 to 22.12.2024 and further be directed that term of Deodurga Town Municipal Council would continue until completion of 30 months tenure by considering the grievance of the petitioners.
d) Issue any writ, order or direction s this Hon'ble Court may deems fit in the facts and circumstances of the case.
IN W.P.NO.203068/2025 :-
19. The petitioners in this petition claiming to be the Members of Ward Nos.6 and 15 of Town Municipal Council, Shahabad, Dist: Kalaburagi, are before this Court contending inter alia:
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19.1 That elections to the Town Municipal Council,
Shahabad, was held on 03.09.2018.
19.2 That the first meeting was held on 29.10.2020,
electing the President and Vice President for initial tenure of 30 months which expired on 30.04.2023. 19.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 05.08.2024. 19.4 An administrator was appointed for a period of 18 months between 30.04.2023 to 14.08.2024, in view of the challenge to the roster points adopted by the State. 19.5 Thereafter, election for the post of President and Vice President for the second terms were held on 19.09.2024.
19.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 26.03.2025 to the respondent No.3 to hold election to the post of Councilors of the Town Municipal Council, Shahabad. In furtherance thereof, respondent No.1 has issued direction to authority to hold election for the post of Councilors of the Town Municipal Council, Shahabad on or
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20. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) Issue a writ in the nature of certiorari to quash the impugned communication dated 26.03.2025 issued by the 1st respondent - authority bearing No. UDA 39 MLR 2025 (e) as at Annexure-F determining the date of completion of tenure of councilors and consequentially the committee insofar as relates to at Sl.No.01, as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that the duration of the currency of the order dated 18.07.2023 appointing administrator to TMC Shahabad from 18.05.2023 to 14.08.2024 shall not usurp the total five years tenure of the councilors.
c) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case.
IN W.P.NO.203093/2025 :-
21. The petitioner in this petition claiming to be the Member of Ward No.23 of Town Municipal Council, Manvi, Tq: Manvi Dist: Raichur, is before this Court contending inter alia:
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21.1 That elections to the Town Municipal Council, Manvi, was held in the year 2018.
21.2 That the first meeting was held on 10.11.2020, electing the President and Vice President for initial tenure of 30 months which expired on 10.05.2024.
21.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 05.08.2024.
21.4 An administrator was appointed for a period of 18 months between 11.05.2023 to 29.08.2024, in view of the challenge to the roster points adopted by the State.
21.5 Thereafter, election for the post of President and Vice President for the second terms were held on 29.08.2024.
21.6 That before the expiry of the second term of 30 months, the respondent No.2 has issued a communication dated 27.01.2025 to the respondent No.1 for determination of ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that
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22. Being aggrieved, the petitioner is before this Court seeking following reliefs:
(a) Issue a writ of certiorari to quash the impugned communication dated 27.01.2025 issued by the 2nd respondent authority bearing no. SECK/ ULB/ OTHR/ 1/2025-ULB as at Annexure-F, insofar as it relates to 5th respondent municipal council at Sl.No.178.
b) Declare that the duration of the administration to Manvi Town Municipal Council from 11.05.2023 to 29.08.2024 shall not usurp the total five years of the tenure of the councilors.
c) Issue any writ, order or direction as this Honourable court may deem fit in the fact and circumstance of the case.
IN W.P.NO.203141/2025 :-
23. The petitioner in this petition claiming to be the Member of Town Municipal Council, Basavan Bagewadi Tq:
Basavan Bagewadi Dist: Vijayapura, is before this Court contending inter alia:
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23.1 That elections to the Town Municipal Council, Basavan Bagewadi, was held in the month of August -
2018.
23.2 That the first meeting was held on 03.11.2020, electing the President and Vice President for initial tenure of 30 months which expired on 03.05.2023. 23.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 05.08.2024. 23.4 An administrator was appointed for a period of 22 months between 04.05.2023 to 01.04.2025, in view of the challenge to the roster points adopted by the State. 23.5 Thereafter, election for the post of President and Vice President for the second terms were held on 01.04.2025.
23.6 That before the expiry of the second term of 30 months, the respondent No.1 has issued a communication dated 24.06.2025 to the respondent No.4 to determine the ward wise reservation for the City Council and local bodies
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whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that the tenure of Basavan Bagewadi Town Municipal Council is to expire without taking into consideration the period occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
24. Being aggrieved, the petitioner is before this Court seeking following reliefs:
a) Issue a writ of certiorari to quash the impugned communication dated 24.06.2025 issued by the 1st respondent - authority bearing No. NAAAE / 39 / MLR-
2025 (E) as at Annexure-E consequently communication dated 29.08.2025 issued by the 4th respondent bearing No. GINAKO / 01 / CHUNAVANE- 2025-26 as at Annexure-E1 insofor as it relates to 4th respondent - Municipal Council.
b) Declare that the duration of the administrator to Basavanabagewadi Town Municipal Council from 04.05.2023 to 31.03.2025 shall not usurp the total five years of the tenure of the councilors.
c) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstance of the case.
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IN W.P.NO.203148/2025 :-
25. The petitioners in this petition claiming to be the Members of Town Municipal Council, Sindhanur, are before this Court contending inter alia:
25.1 That elections to the Town Municipal Council, Sindhanur was held on 03.09.2018.
25.2 That the first meeting was held on 23.10.2020, electing the President and Vice President for initial tenure of 30 months which expired on 22.04.2023.
25.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
25.4 An administrator was appointed for a period of 14 months between 08.05.2023 to 06.09.2024, in view of the challenge to the roster points adopted by the State.
25.5 Thereafter, election for the post of President and Vice President for the second terms were held on 13.02.2025.
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25.6 That before the expiry of the second term of 30
months, the respondent No.1 has issued a communication dated 26.03.2025 to determine the ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that the tenure of Sindhanur Town Municipal Council is to expire on 23.10.2025 without taking into consideration the period occupied by the Administrator.
26. Being aggrieved, the petitioners are before this Court seeking following relefs:
a) To issue a writ in the nature of certiorari quashing the communication bearing No. NAAAEE-39 / MLR 2025(e) dated 26.03.2025 vide Annexure-F passed by respondent No.1.
b) Issue a writ of mandamus directing the respondents No.1 and 2 to calculate the term of the respondent No.4 - TMC by excluding the period where the respondent No.4 - TMC being managed by the respondent No.2 - Administrator.
c) Pass such other writ, order or direction that this Hon'ble Court deems fit to pass in the circumstances of the case.
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IN W.P.NO.203201/2025 :-
27. The petitioners in this petition claiming to be the Councilors of Town Municipal Council, Muddebihal, Dist: Vijayapura, are before this Court contending inter alia:
27.1 That elections to the Town Municipal Council, Muddebihal, was held on 09.05.2019.
27.2 That the first meeting was held on 28.10.2020, electing the President and Vice President for initial tenure of 30 months which expired on 27.04.2023.
27.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 05.08.2024.
27.4 An administrator was appointed for a period of 17 months between 28.04.2023 to 10.09.2024, in view of the challenge to the roster points adopted by the State.
27.5 Thereafter, election for the post of President and Vice President for the second terms were held on 11.09.2024.
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27.6 That before the expiry of the second term of 30
months, the respondent No.5 has issued a communication dated 28.10.2025 to the respondent No.1 to hold election to the post of Councilors of the Town Municipal Council, Muddebihal. In furtherance thereof, respondent No.1 has issued direction to respondent No.3 to hold election for the post of Councilors of the Town Municipal Council, Muddebihal on or before 28.10.2025, without taking into consideration the 17 months period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
28. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) Issue a writ of certiorari to quash the impugned communication dated 27.01.2025 issued by the 5th respondent bearing No. SECK / ULB / OTHR / 1 / 2025
- ULB as at Annexure-G determining the date of completion of tenure of Councilors and consequentially the committee insofar as relates to at Sl.No.109, as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that the duration of the tenure of the order dated 08.05.2025 appointing administrator to Muddebihal Town Municipal Council from 28.04.2023 to 10.09.2024 shall not usurp the five years of the tenure of the Councilors.
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c) Issue writ of mandamus directing the respondents to calculate the five years term of the council excluding the period from 28.04.2023 to 10.09.2024 and further be directed that term of Muddebihal Town Municipal Council would continue until completion of 30 months tenure.
d) Issue any other order or direction as this Hon'ble Court may deem fit in the fact and circumstances of the case.
IN W.P.NO.203357/2025 :
29. The petitioners in this petition claiming to be the Councilors of Ward Nos.3, 5, 9 and 31 respectively, of Town Municipal Council, Basavakalyan, are before this Court contending inter alia:
29.1 That elections to the Town Municipal Council, Basavakalyan, was held in the month of May - 2019.
29.2 That the first meeting was held on 31.10.2020, electing the President and Vice President which expired on 30.04.2023.
29.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President.
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29.4 An administrator was appointed on 08.06.2023,
in view of the challenge to the roster points adopted by the State.
29.5 Thereafter, election for the post of President and Vice President for the second terms were held on 07.01.2025.
29.6 That before the expiry of the second term of 30 months, the respondent No.4 has issued a communication dated 11.04.2025 to the respondent No.3 for determination of ward wise reservation for the City Council and local bodies whose tenure is going to be completed for the purpose of holding elections. In that, it is stated that tenure of Basavakalyan Town Municipal Council is to expire on 31.10.2025 without taking into consideration the period occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
30. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) To quash the letter dated 11.04.2025 bearing No. SAM.
JINAKO/VIVIDH/CR/46-2024-25 issued by respondent No.4 herein the vide as Annexure-G and
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b) Declare that the duration of the currency of the order dated 08.06.2023 appointing administration to Basavakalyan City Municipal Council shall not usurp the total of five year of the tenure of the councilors and
c) Issue writ of mandamus directing the respondents No.1 and 2 that the five year term of the council should be calculated by excluding the period from 01.05.2023 to 07.01.2025 and further be directed that term of Basavakalyan City Municipal Council would continue until at least 31.07.2027 and
d) Issue any writ, order or direction as this Hon'ble Court may deem fit in the fact and circumstances of the case. IN W.P.NO.203362/2025 :-
31. The petitioners in this petition claiming to be the Councilors of Town Municipal Council, Aland Dist:
Kalaburagi, are before this Court contending inter alia:
31.1 That elections to the Town Municipal Council, Aland was held on 03.09.2018.
31.2 That the first meeting was held on 06.11.2020, electing the President and Vice President for initial tenure of 30 months which expired on 06.05.2023.
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31.3 The second tenure did not commence as there was a delay in publishing the reservation for the post of President and Vice President till 28.02.2025. 31.4 An administrator was appointed for a period of 21 months 22 days between 07.05.2023 to 28.02.2025, in view of the challenge to the roster points adopted by the State.
31.5 Thereafter, election for the post of President and Vice President for the second terms were held on 28.02.2025.
31.6 That before the expiry of the second term of 30 months, the respondent No.5 has issued a communication dated 14.10.2025 to the respondent No.1 to hold election to the post of Councilors of the Town Municipal Council, Aland. In furtherance thereof, respondent No.1 has issued direction to respondent No.3 to hold election for the post of Councilors of the Town Municipal Council, Aland on or
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before 06.11.2025, without taking into consideration the 21 months 22 days period had to be extended which was occupied by the Administrator. That a representation in this regard was made by the petitioner and the same has not been considered.
32. Being aggrieved, the petitioners are before this Court seeking following reliefs:
a) To issue a writ of certiorari to quash the impugned communication dated 27.01.2025 issued by the 5th respondent bearing No. SECK / ULB / OTHR / 1 / 2025
- ULB as at Annexure-G determining the date of completion of tenure of Councilors and consequentially the committee insofar as relates to at Sl.No.161 as contrary to Section 18 and Section 315 of Karnataka Municipalities Act, 1964.
b) Declare that the duration of the tenure of the order dated 12.05.2023 appointing administrator to Aland Town Municipal Council from 07.05.2023 to 28.02.2025 shall not usurp the five years of the tenure of the councilors.
c) Issue writ of mandamus directing the respondents to calculate the five years term of the council excluding the period from 07.05.2023 to 28.02.2025 and further be directed that term of Aland Town Municipal Council would continue until completion of 30 months tenure.
d) Issue any other order or direction as this Hon'ble Court may deem fit in the fact and circumstances of the case.
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33. Learned counsel for the petitioners reiterating the grounds urged in the memorandum petition submitted that once the administrator is appointed, in terms of sub- section (2) of Section 315 of the Karnataka Municipalities Act, 1964 [hereinafter referred to as 'the KM Act' for brevity], municipal council and committees therefore including the President and Vice President charged with carryout the provisions of Act would ceases to exercise any powers and perform and discharge any duties and functions conferred and imposed on them. In other words, he submits that the period during which administrator continues in his office, the council and committees stand ceased and such period/days have to be considered as zero days. That maximum term of the appointment of the administrator has to be for a period of 06 months and not beyond. However, in the instant cases, the period of approximant of administrator varies between 15 months and 20 months, which itself is illegal. Therefore, the petitioners being the elected members of the respective councils/panchayats are entitled to continue and complete their term of 30 months.
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34. The reference is also made to provisions of Article 243(U) of the Constitution of India. In that, pointing out to Clause 3 of Article 243(U) of the Constitution of India, it is insisted that the State has a responsibility to conduct the election before the expiry of the term of the council. In this regard, reference is also made to Article 243(Z)(A) of the Constitution of India, pointing out the responsibility of the State Election Commission in discharging its constitutional obligation of conducting the election.
35. Challenging the appointment to the administrator, it is submitted that neither the provisions of Article 243(U) of the Constitution of India nor the provisions of Section 315 of the KM Act provides for appointment of administrator beyond the expiry of the term of the members of the council.
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36. Sri. Ravi B. Patil, the learned counsel appearing for the petitioner in W.P.No.202505/2025 and W.P.No.202812/2025, adverting to the new grounds and relief sought for in respect of the subsequent event which occurred during the pendency of the writ petition namely issuance of notification dated 06.11.2025 appointing to the Administrator till holding of elections and constitution of new bodies and consequent prayer for quash of said notification dated 06.11.2025, produced at Annexure-F, submitted that the notifications now issued after filing of the writ petitions on 06.11.2025 does not refer to the provisions of law under which the same has been issued. No reasoning assigned in the notification as to the extraordinary circumstances which would justify appointment of the administrators. That the respondent - State cannot under the garb of appointing the administrator encroach upon the provision which is not provided during the currency of the term of the elected members of the council. It is also submitted that the
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respondent - State cannot take recourse to the provisions of Section 389 of the KM Act, which provides for removal of difficulties.
37. Reliance is also placed to paragraph 21 of the judgment of the Apex Court in the case of Kishansing Tomar vs. Municipal Corporation of the City of Ahmedabad and others reported in (2006) 8 SCC 352 to contend that the State Government should not as a regular feature extend the duration of municipality and shall follow the strict mandate of conducting the election as contemplated under the provisions. Hence, seeks for allowing of the writ petition.
38. Learned Additional Advocate General appearing through the video conference submits that as far as the relief of seeking extension of period of members corresponding to the period occupied in the administrator, the similar question was raised in a batch of writ petitions before the Coordinate Bench of this Court in W.P.No.106387/2025 and connected matters and the
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Coordinate Bench of this Court has dismissed the said writ petitions by order dated 10.11.2025. He submits in that view of the matter, the relief seeking extension of the period by excluding the period occupied by the administrator cannot be considered.
39. As regards the challenge to the appointment of administrator, he submits that the similar question is pending consideration before Principal Bench, Bengaluru in W.P.No.22473/2025 and connected matters. That the respondent - State has already filed a memo dated 03.11.2025 along with the time schedule for the purpose of conducting of the elections within period of 150 days. He submits that respondent - State is committed to hold elections and necessary preparation in this regard would be undertaken. He also submits that in view of the expiry of the term of elected members of the panchayats/councils, the management, administration of the respective panchayats and municipalities have to be undertaken. Therefore, the administrators have been appointed to meet these exigencies. Hence, seeks for dismissal of the petitions.
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40. Sri. Sudarshan M., the learned counsel
appearing for the respondent - election commission
referring to the various judgments of the Apex Court as well as of this Court submits that the period of 05 years to which the members of panchayats/councils have been elected cannot be extended any longer as it is a constitutional mandate. He submits that in any event the said issue has been set at rest by the Coordinate Bench of this Court in the order referred to above.
41. As regards appointment of Administrator, he relies upon the judgment in G. Kuppuswamy and others vs. State of Karnataka and another reported in 1995 KANT LJ 5618. Referring to paragraph Nos.18, 20, 22, 23 and 25 of the said order, he submits that the appointment of Administrator under circumstances is traceable to the provisions provided under Section 389 of K.M.Act as well as to Article 162 of the Constitution.
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42. Thus, he submits that in the light of the memo now filed by the State before the Principal Bench undertaking to conduct the elections within 150 days, the constitutional mandate would be complied with.
43. Heard. Perused the records.
44. The points that arise for consideration are as under:
(i) Whether the petitioners have made out a case for consideration of their prayer for issuance of writ of mandamus to the respondents to calculate 5 years term of the elected members of panchayat/municipal council excluding the period occupied by the Administrator and consequently for quash of notifications dated 27.01.2025, 11.04.2025, 26.03.2025, 16.04.2025, 24.06.2025 and 29.08.2025, issued by the State proposing to hold elections.?
(ii) Whether the petitioners in W.P.No. 202505/2025 and W.P.No.202812/2025 have made out a case for quashing of the Notification dated 06.11.2025 issued by the respondent - State ?
(iii) What order?
45. As regards the first point is concerned, there is no dispute of the fact that similar questions were raised
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before the Co-ordinate Bench of this Court in
W.P.No.106387/2025 and connected matters. The
Coordinate Bench of this Court in the said writ petitions has framed following points for its consideration.
"i. Whether the term of the elected councilors can be extended beyond a period of five years, more so in view of the mandate under Article 243U of the Constitution.?
ii. Whether the petitioner, not having challenged the order appointing an administrator under Section 315 of the Municipalities Act, could now seek to challenge the appointment of the said administrator.?
iii. Could the time period during which the administrator was in office be required to be excluded from calculating the term of office of the council.?
iv. Whether the notification issued by the State to hold elections would impinge on any of the rights of the petitioners.?
v. What order.?
46. In its order dated 10.11.2025, while answering the point No.1 the Coordinate Bench of this Court has held that the term of elected councilors cannot be extended beyond a period of five years in terms of mandate under
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Clause (1) of Article 243U of Constitution of India. While answering point No.2 it has held that the petitioners not having challenged the order appointing an Administrator under Section 315 of the Municipalities Act, at the time of such appointment or soon thereafter cannot seek to continue to hold the office on the ground that initial appointment of Administrator was allegedly bad in law.
While answering the point No.3 the Coordinate Bench of this Court has held as under:-
"42.8.Clause (1) of Article 243U, not contemplating any exclusion of the period during which an administrator was appointed, and in fact, Clause (4) of Article 243U, not even excluding the period in which the Municipal Council was dissolved, would clearly, categorically and unimpeachably establish that there is no provision for exclusion of any period, be it with the appointment of administrator or otherwise, for calculating the terms of office of the Council.
42.9. Hence, I answer Point No.3 by holding that the time period during which the administrator was in office, an administrator appointed under sub-section (1) of Section 315, cannot be excluded for calculating the term of office of the council."
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47. While answering point No.4 has held that the term of office was coming to an end, and in terms of clause (2) of Article 243, there is a requirement to hold elections before the expiration of a period of 6 months from the date of dissolution. As the term of the five-year Council is coming to an end, it is required that elections be held to constitute the next Council. The steps taken by issuing a notification to hold elections are the proper thing to do by the State. No fault can be found with the said actions, and as such, issuance of notification would not impinge on any rights of the petitioner.
48. Therefore, the questions of law and facts being similar and identical in these petitions, this Court refrain from delving into the said aspect of the matter. Accordingly, prayers in the present writ petitions to the extent covered by the orders of the Coordinate Bench of this Court are rejected.
49. As regards second point raised in this writ petitions, though only two petitioners have sought to challenge the notification dated 06.11.2025 issued by the
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respondent - State appointing the Administrators in respect of the local bodies in the light of term of the elected members of the Panchayat and Council having come to an end, notwithstanding the above the conclusion arrived at by the Coordinate bench of this Court, since the petitioners in W.P.No.202505/2025 and 202812/2025 have raised the questions regarding the provisions/power of the State Government to appoint Administrator, the same is dealt with as under:-
Respondent - State has issued a Communication dated 06.11.2025, perusal of which would indicate that the same has been issued under Section 389 of the KM Act, 1964, which read as under:
"389. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette as the occasion may require do anything which appears to it to be necessary to remove the difficulty."
50. The issue with regard to exercise of powers by the State for appointment of Administrator and the
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circumstances of this nature has been dealt with by the Division Bench of this Court in the case of G. Kuppuswamy (supra) dealing with the issue of duration of the term of Municipal Council and provisions relating to appointment of Administrator under Section 100(1) (c) of the Karnataka Municipal Corporation Act. Paragraph Nos.20, 22 and 25 has held as under:
20. The executive power could be exercised in the absence of a constitutional bar so far as the same does not contravene any law on the matter or the rules having a force of law. A reading of the provisions of the Constitution do not indicate any bar to the appointment of an Administrator when there is a vaccum in the office by reason of not holding the elections in the special circumstances of the case.
The matter must be looked from the perspective that the State could not hold elections before the expiry of the term of the previous incumbents in office for the various reasons set forth already. It is no doubt true that Section 100(1)(c) of K.M.C Act was deleted. That was with the avowed object of holding elections before the expiry of term of office. The circumstances arising in the matter as to why elections could not be held has been explained. If elections are not held and the office remained vacant, the municipal body becomes vacuum and in such circumstances, it cannot be said that it is not permissible for the State in exercise of its executive power to appoint an Administrator, even though it may not be in terms of Section 47 or 54 of the Act 35 or 36 of 1994.
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22. In substance, the contention of the petitioners is that the appointment of Administrators is void as no provision is made under the relevant statute in the circumstances arising under the various Municipal enactments. The contention is that during the interregnum between the expiry of the period of office to which the Councillors are elected and the next election. Administrators cannot be appointed as there is no provision made under the Act, inasmuch as the provisions in that regard had been deleted from the statute. It is clear from the provisions of the Constitution that none of the petitioners who had been elected as Councillors either to Municipal Council or Municipal Corporation, could continue in office on the expiry of the period mentioned in Article 243-ZF. In each of these cases, the period either reckoned from the date of issue of Gazette Notification declaring the elections to various Municipalities or the date of first meeting, has already elapsed on the expiry of 31st May, 1995 and in some cases during June/July, 1995. In the circumstances, such Councillors cannot continue in office under any circumstance unless any specific provision had been made in the statute. There is no provision in the statute to enable them to continue in office until their successors are elected. Thus, there is a clear vacuum arising on account of the absence of a relevant provision in the statute. Whatever may be the reasons for not holding elections to Municipalities, the fact remains that elections have not been held prior to the expiry of the term of the concerned Municipal body. The administration of the Municipal body has got to be carried on and in the absence of a provision under the statute, the only way to remove the difficulty is to appoint Administrators or enable any other person or body of persons to discharge the functions of the Municipal Council or Corporation. Such a course can certainly fall within the category of removing a difficulty arising in the statute and it cannot be said that such difficulty is dehors the statute. Hence, we do not
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agree with the contention raised on behalf of the petitioners that the difficulty arising in the present case is outside the scope of the statute. Thus adopting the very test provided in the decision of the Supreme Court in Madeva Upendra Sinai's case, supra, it must be held that the respondents have power to appoint Administrators to remove difficulties of a vacuum arising on account of absence of a provision in the matter of appointment of Administrator to the Municipal body elections thereto not having been held prior to the expiry of the term of such Municipal body.
25. Now the question that arises for consideration is whether the appointment of Administrators to the Municipal bodies is contrary to the provisions of the Constitution or the scheme thereof. A perusal of the various provisions of the Constitution in that regard would indicate that the duration of the Municipality unless sooner dissolved and in case of dissolution, an Administrator could be appointed after following the due procedure prescribed thereto. It is not as though Municipal bodies could not be dissolved and an Administrator could discharge the function of the Municipal bodies. If that is permissible in the case of the circumstances calling for such dissolution, we fail to understand that when the Municipal body is being constituted, when the body is not in existence on account of various circumstances set forth earlier in the course of this order as to how the appointment of Administrator to discharge the functions of a Municipality in the absence of an elected body being available is opposed to the scheme of the Constitution surpasses our comprehension. After the first Municipal Body is constituted as provided under Article 243-Q, provisions of Article 243-U is attracted
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and thereafter it will be the bounden duty of the State Election Commission and the Government to conduct the elections from time to time. For the first time when the Municipal Body is being constituted, various problems have arisen as to delimitation, territorial limits of different municipalities and the jurisdiction thereof and reservation. Such problems once settled, further restructuring would only be a consequential affair thereafter and there would be no impediment to the elections being held to the different Municipal bodies in time and in which event it will not be permissible for the Government to appoint Administrators on the ground that elections could not be held to the Municipal body. Article 243- U would come into play on the constitution of a Municipal body under Article 243-Q and not before. Therefore, on the facts and circumstances of this case, we must hold that the exercise of power for appointing Administrators by the State either under the provisions of the removal of difficulties clause or under the executive power of the State under Article 162 of the Constitution, is justified."
51. The above principles of law laid down with regard to requirement for appointment of Administrator and the power for appointment of Administrator still holds the field.
52. Read in the light of the aforesaid principles of law, in the instant case, there is no dispute of the fact that
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the term of the elected members of the Council has expired as mentioned in the Communications dated 27.01.2025, 11.04.2025, 26.03.2025, 16.04.2025 24.06.2025 and 29.08.2025 wherein expiry dates of the respective panchayats/Councils have also been provided. In other words, on and after the date of expiry of term, appointment of Administrator has become inevitable to discharge day to day functions, till Constitution of newly elected Panchayats / Councils.
53. Having said that also necessary to emphasis that State cannot, under this excuse prolong the term of Administrator endlessly. It has constitutional obligation to ensure in election process is initiated and completed within the time mandated therefor. The Apex Court in the case of Suresh Mahajan vs. State of Madhya Pradesh and another reported in (2022) 2 SCC 770 at paragraph Nos.17, 18 and 19 has held as under:
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"17. If the grounds pressed into service by the State authorities were to be accepted, it would be infeasible for any Election Commission be it Madhya Pradesh State Election Commission to notify the election programme well in time and to ensure that newly elected body is installed before the expiry of 5 (five) years' tenure of the outgoing elected body.
That would defeat the constitutional mandate and go against the tenet of local self-government by democratically elected representatives, uninterrupted.
18. To put it differently, completion of delimitation exercise or be it triple test formality, as the case may be, can wait if not completed well before the expiry of five years' term of the outgoing elected body, including giving enough time to the Election Commission to complete the election process within such time. Thus, the declaration of election programme cannot be delayed by the Election Commission on that account. For, it would inevitably result in creating hiatus situation upon expiry of 5 (five) years' term of outgoing elected body. Such an eventuality needs to be eschewed by all the duty- holders. A priori, it is not only a constitutional obligation of the State Election Commission but also of the State Government including of the constitutional courts.
19. In view of the above, we have no hesitation in directing the Madhya Pradesh State Election Commission to proceed on notional basis and issue election programme in respect of local body concerned by reckoning the delimitation/formation of wards thereof as on the date when the election of the local body concerned had "in fact" become due or before coming into force of the (impugned)
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Amendment Act, which is under challenge before this Court in the present proceedings, whichever is later."
54. Further in the case of Kishansing Tomar (supra), the Apex Court has held at para-21 as under:
"21. It is true that there may be certain man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections to the municipality, but they are exceptional circumstances and under no (sic other) circumstance would the Election Commission be justified in delaying the process of election after consulting the State Government and other authorities. But that should be an exceptional circumstance and shall not be a regular feature to extend the duration of the municipality. Going by the provisions contained in Article 243-U, it is clear that the period of five years fixed thereunder to constitute the municipality is mandatory in nature and has to be followed in all respects. It is only when the municipality is dissolved for any other reason and the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any elections for constituting the municipality for such period."
55. From the aforesaid settled principles of law, what is emanating is appointment of Administrator under
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these circumstances is a inevitable evil, though the said practice has been denounced and the State Government have been cautioned not to have recourse of extension of the period of Administrators under the garb of conducting the election after expiry of the term of the Council, however, the appointment of Administrator has not been prohibited in toto.
56. Nonetheless, cases of this nature where the term has expired, the appointment of Administrator has emerged as a necessity. Having said that, challenge mounted by the petitioners to the Notification dated 06.11.2025 fails also in view of the fact that the respondent - State in the petitions pending before the Principal Bench in Writ Petition No.27887/2025 has filed the schedule of time required for bifurcation of ward wise reservation of local bodies for the purpose of conducting of the election, which reads as under:
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57. In furtherance to the above, the learned Additional Advocate General appearing through video conference, submits that the State would undertake would undertake to initiate and complete the process of election as per the dates mentioned in the said memo.
58. Notwithstanding the undertaking and the memo submitted, in the light of the judgments and pronouncements of the Apex Court, the State has no option but to conduct the election without any further extension.
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NC: 2025:KHC-K:7253
WP No. 203332 of 2025
C/W WP No. 201935 of 2025
WP No. 202505 of 2025
HC-KAR AND 14 OTHERS
59. Point No.2 raise is answered accordingly. Prayer for quash of notification dated 06.11.2025 in W.P.No.202505/2025 and W.P.No.202812/2025 is rejected.
60. In that view of the matter, these petitions are disposed of directing the respondent - State to initiate and complete the process of election within an outer limit of six months from the date of appointment of the Administrator as per Notification dated 06.11.2025 without any room for further extension of appointment of Administrator.
61. Respondent - State shall also ensure elections are conducted even in respect of those Councils/ Corporations where the term has already expired.
Sd/-
(M.G.S.KAMAL) JUDGE KJJ,SWK,MSR List No.: 1 Sl No.: 44 CT:PK