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[Cites 15, Cited by 0]

Karnataka High Court

Premila vs The State Of Karnataka on 16 October, 2025

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                             -1-
                                                          NC: 2025:KHC-K:6103
                                                       WP No. 201609 of 2025
                                                   C/W WP No. 203103 of 2025

                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 16TH DAY OF OCTOBER, 2025

                                           BEFORE
                            THE HON'BLE MR. JUSTICE M.G.S.KAMAL


                          WRIT PETITION NO. 201609 OF 2025 (LB-RES)
                                            C/W
                          WRIT PETITION NO. 203103 OF 2025 (LB-RES)


                   IN WP.NO.201609/2025:

                   BETWEEN:

                   1.   PREMILA W/O MOHAN,
                        AGE: 39 YEARS,
                        OCC: MEMBER GRAM PANCHAYAT ASTOOR,
                        R/O. TAJLAPUR VILLAGE,
                        TQ. AND DIST. BIDAR-585401.

                   2.   RAHUL S/O DASHRATH,
Digitally signed
by                      AGE: 35 YEARS,
KHAJAAMEEN              OCC: MEMBER GRAM PANCHAYAT ASTOOR,
MALAGHAN
                        R/O. TAJLAPUR VILLAGE,
Location: HIGH
COURT OF                TQ. AND DIST. BIDAR-585401.
KARNATAKA
                                                               ...PETITIONERS
                   (BY SRI JAIRAJ K. BUKKA, ADVOCATE)

                   AND:

                   1.   THE DEPUTY COMMISSIONER,
                        BIDAR-585401.
                            -2-
                                        NC: 2025:KHC-K:6103
                                     WP No. 201609 of 2025
                                 C/W WP No. 203103 of 2025

HC-KAR




2.   THE CHIEF EXECUTIVE OFFICER,
     ZILLA PANCHAYAT, BIDAR-585401.

3.   THE EXECUTIVE OFFICER,
     TALUKHA PANCHAYAT BIDAR,
     TQ. AND DIST. BIDAR-585401.

4.   THE PANCHAYAT DEVELOPMENT OFFICER,
     ASTOOR GRAM PANCHAYAT,
     TQ. BIDAR, AND DIST. BIDAR-585401.

                                            ...RESPONDENTS

(BY SRI SHESHADRI JAISHANKAR, AGA FOR R1;
 SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2 TO R4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER
WRIT OR DIRECTION COMMANDING THE RESPONDENTS NO.3
TO COMPILE THE ORDER OF THE 1ST RESPONDENT DATED
22.05.2025 AS PER ANNEXURE-D, ETC.

IN WP.NO. 203103/2025:

BETWEEN:

PREMILA W/O MOHAN,
AGE: 39 YEARS,
OCC: MEMBER GRAM PANCHAYAT ASTOOR,
R/O. TAJLAPUR VILLAGE,
TQ. AND DIST.BIDAR-585401.

                                              ...PETITIONER
(BY SRI JAIRAJ K. BUKKA, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     ITS THROUGH PRINCIPAL SECRETARY
     DEPARTMENT OF PANCHAYAT RAJ,
                                -3-
                                             NC: 2025:KHC-K:6103
                                         WP No. 201609 of 2025
                                     C/W WP No. 203103 of 2025

HC-KAR




     M. S. BUILDING,
     BANGALORE-560001.

2.   THE STATE OF KARNATAKA,
     THROUGH ITS PRINCIPAL SECRETARY,
     DEPARTMENT OF URBAN DEVELOPMENT,
     M.S.BUILDING, BANGALORE-560001.

3.   THE DISTRICT ELECTION OFFICER
     AND THE DEPUTY COMMISSIONER,
     BIDAR-585401.

4.   THE CHIEF EXECUTIVE OFFICER,
     ZILLA PANCHAYAT, BIDAR-585401.

5.   THE COMMISSIONER
     MUNICIPAL CORPORATION BIDAR,
     TQ. AND DIST.BIDAR-585401.

6.   THE EXECUTIVE OFFICER,
     TALUKHA PANCHAYAT, BIDAR,
     TQ. AND DIST.BIDAR-585401.

7.   THE PANCHAYAT DEVELOPMENT OFFICER,
     ASTOOR GRAM PANCHAYAT,
     TQ. BIDAR, AND DIST.BIDAR-585401.

                                                 ...RESPONDENTS

(BY SRI SHESHADRI JAISHANKAR, AGA FOR R1 TO R3;
 SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R5 TO R7)

         THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
ALLOW THE PETITION AND THEREBY ISSUE A WRIT IN NATURE
OF CERTIORARI OR ANY OTHER WRIT OR QUASHING THE
IMPUGNED COMMUNICATION OF THE 3RD RESPONDENT VIDE:
¸ÀASÉå:PÀA/ZÀÄ£Á/¹Dgï-/2025-2 ¢£ÁAPÀ: 23-09-2025 AS PER ANNEXURE-G,
ETC.
                                  -4-
                                                 NC: 2025:KHC-K:6103
                                           WP No. 201609 of 2025
                                       C/W WP No. 203103 of 2025

 HC-KAR




     THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:

CORAM:     HON'BLE MR. JUSTICE M.G.S.KAMAL


                           ORAL ORDER

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) W.P.No.201609/205 is filed by the petitioners seeking the following reliefs:

"(a) Issue a writ in nature of mandamus or any other writ or direction commanding the respondents no.3 to comply the order of the 1st respondent dated 22.05.2025 as per annexure-D;
b) Issue a writ in nature of mandamus or any other writ or direction the respondents no.1 to 3 to consider the petitioners representation of dated 12.06.2025 as per annexure-E;
c) Issue a writ in nature of mandamus or any other writ or direction the respondents no.1 to 3 conduct the Astoor Gram Panchayat election of President and Vice President by including the petitioners village i.e. Tajlapur and Odwada; and
d) Pass any other order as deems fits by this Hon'ble Court in the circumstances of the case."

W.P.No.203103/2025 is filed by the petitioner (who is petitioner No.1 in the previous petition) seeking following reliefs:

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR "(a) Issue a writ in nature of certiorari or any other writ or quashing the impugned communication of the 3rd respondent vide: ¸ÀASÉå:PÀA/ZÀÄ£Á/¹Dgï-/2025-26 ¢£ÁAPÀ: 23-09-2025 as per Annexure-G;
(b) Issue a writ in nature of certiorari or any other writ or quashing the impugned meeting notice issued by the 6th respondent vide ¸ÀASÉå:vÁ¥ÀA©Ã/¹§éA¢/¹Dgï-66/2024-

25/1832-844 ¢£ÁAPÀ:08-10-2025 as per Annexure-H;

(c) Issue a writ in nature of mandamus or any other writ or direction the respondent no. 3, 4 and 5 to consider the petitioner representation of dated 25.06.2024 as per Annexure-D, D1 and D2 respectively.

(d) Pass any other order as deems fits by this Hon'ble Court in the circumstances of the case."

2. The case of the petitioners in both the petitions is that they are the elected members of Astoor Gram Panchayath, which consists of five villages namely Astoor, Ghumma, Immamabad, Odwada and Tajlapur. That since the petitioners are the elected members of Astoor Gram Panchayath, they were the aspirants to contest for the election to the post of President and Vice President of the said Gram Panchayath. That upon the completion of first term of 30 months, respondent No.3 was required to conduct the election for the second term on 22.05.2025. However, a notification proposing to include the aforesaid -6- NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR two villages, i.e., Tajlapur and Odwada with the Bidar Municipal Corporation had been issued on 10.06.2025 as per Annexure-E. That upon the premise of two villages namely, Tajlapur and Odwada having been merged with the Bidar Municipal Corporation, the respondents- Authorities did not proceed to conduct the elections.

3. The actual merging of the said villages with the Municipal Corporation has not taken place. That since the Deputy Commissioner vide order 22.05.2025 had proposed to conduct the elections for the second term of the Astoor Gram Panchayath and had not taken necessary steps, petitioners had given representations which have not been considered till date. Hence, the petitioners approached this Court by filing the first writ petition in W.P.No.201609/2025.

4. That in the meanwhile, the Additional Deputy Commissioner of Bidar District had issued a communication dated 23.09.2025/07.10.2025 addressed to the Chief Executive Officer of Zilla Panchayat, Bidar as -7- NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR per Annexure-G annexed to W.P.No.203103/2025, proposing to hold election to the President and Vice President posts of Astoor Gram Panchayath excluding Tajlapur and Odwada Villages. In furtherance thereof, a notice of the meeting was issued on 08.10.2025 as per Annexure-H, proposing to conduct the election to the posts of President and Vice President of the Astoor Gram Panchayath on 17.10.2025 at 11.00 a.m. This constrained the petitioner to approach this Court by filing the second writ petition.

5. Learned counsel for the petitioners, reiterating the averments and the grounds urged in the aforesaid writ petitions, vehemently submits that though the respondent

- Authorities have sought to merge Tajlapur and Odwada villages into the Bidar Municipal Corporation, the matter has not proceeded further. He submits therefore, the two villages shall be deemed to remain part of the Astoor Gram Panchayath. Alternatively, he submits that in terms of Sections 4 and 7 of the Karnataka Municipal Corporation -8- NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR Act, until constitution of the Corporation, the elected members shall continue to hold the office. Therefore, the petitioners herein being the elected members of the Gram Panchayath are entitled to participate in the process of election to the post of President and Vice-President of Astoor Gram Panchayath. Hence, seeks for necessary orders in this matter.

6. He relies upon the interim order passed by the Co-ordinate bench of this Court in W.P.No.202910/2025 produced at Annexure-J and submits that under similar facts situation this Court had stayed the election.

7. Learned counsel Sri Gourish S.Khashampur appearing for respondent - Corporation and Zilla Panchayat, furnishes copies of notifications pertaining to merging taking over of Tajlapur and Odwada villages into the Corporation of City of Bidar in terms of Sections 3, 4, 500, 501 and 503 of the Karnataka Municipal Corporation Act, 1976. He submits, wide publications were issued before merging the aforesaid two villages into the -9- NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR Corporation of City of Bidar. As far back as 15.04.2025 and objections were called for. There has been no dispute or resistance from anyone whomsoever, much less the petitioners herein. After completion of the said process and in compliance with law, the said villages stood merged with the Corporation of City of Bidar and a notification in this regard has been issued. Pursuant to the above process, the Chief Executive Officer of Zilla Panchayath Bidar has issued an Official Memorandum dated 28.05.2025 reporting completion of merging process of various villages including Tajlapur and Odwada of Astoor Panchayath. He also refers to a Circular dated 16.11.2022 issued by the Government of Karnataka regarding a member ceasing to be the member of the panchayat upon merging of the villages into the local bodies. Thus, he submits that the process of merging of these two villages into the City Corporation of Bidar having taken place in the manner known to law, petitioners cannot claim to be the members of the said two villages being entitled to

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR participate in the elections to the President and Vice- President of the Astoor Gram Panchayath. Hence, seeks for dismissal of the petitions.

8. Heard. Perused the records.

9. The facts narrated above do not require reiteration. Suffice to state that Tajlapur village and Odwada village which were hither-to part of Astoor Gram Panchayat have stood merged with the City Corporation of Bidar in terms of the Notification dated 15.04.2025 and the process of handing over of the same stood completed as evidenced by the Official Memorandum dated 28.05.2025 issued by the Chief Executive Officer of Zilla Panchayat, Bidar.

10. Sections 500, 501 and 503 of the Municipal Corporation Act provides for consequences of merging of Villages, part of Panhchayat into large urban areas, reads as under :

"500. Effect of absorption of 2 [Panchayat area] into a 3[larger urban area].- If any local area consisting of one or
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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR more revenue villages in respect of which a 2 [Panchayat area] has been constituted under the 4 [Karnataka Panchayat Raj Act, 1993] is included in a 1 [larger urban area] by virtue of a notification under sub-section (1) of section 4 then, notwithstanding anything contained in this Act or in the 2 [Karnataka Panchayat Raj Act, 1993], but subject to the provisions of section 4 of this Act, with effect from the date on which such area is included in a 1 [larger urban area], the following consequences shall ensue, namely:-
(a) 3[The 4[Grama Panchayat of such local area] (hereinafter referred to as the panchayat) shall cease to exist and the 5[Taluk Panchayat and Zilla Panchayat within the jurisdiction of which such area is situated] shall cease to have jurisdiction over such area;
(b) The unexpended balance of the 6 [Grama Panchayat Fund] and the property (including arrears of rates, taxes and fees) belonging to the panchayat and all rights and powers which, prior to such notification, vested in the panchayat shall, subject to all charges and liabilities affecting the same, vest in the corporation of the 1[larger urban area] (hereinafter referred to as the corporation);
(c) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under 2[the Karnataka Panchayat Raj Act, 1993], immediately before the said date in respect of the said local area shall continue in force and be deemed to have been made, issued, imposed or granted under this Act until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under this Act;
(d) All budget estimates, assessments, assessment lists, valuations or measurements, made or authenticated under 1 [the Karnataka Panchayat Raj Act, 1993], immediately before the said date in respect of the said local area shall be deemed to have been made or authenticated under this Act.
(e) All debts and obligations incurred and all contracts made by or on behalf of the panchayat immediately before the said date and subsisting on the said date shall be
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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR deemed to have been incurred and made by the corporation in exercise of the power conferred on it by this Act.

(f) All officers and servants in the employ of the panchayat immediately before the said date shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provision of this Act receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject immediately before such date:

Provided that it shall be competent to the corporation, subject to the previous sanction of the Government to discontinue the services of any officer or servant, who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the panchayat in the employ of which he was, had not ceased to exit;
(g) All proceedings pending on the said date before the panchayat shall be deemed to be transferred to and shall be continued before the corporation;
(h) All appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local area had been included in the 2 [larger urban area] when they were filed;
(i) All prosecutions instituted by or on behalf of the panchayat and all suits or other legal proceedings instituted by or against the panchayat or any officer of the panchayat pending on the said date shall be continued by or against the corporation as if the said local area had been included in the 1 [larger urban area] when such prosecutions, suits or proceedings were instituted;
(j) All arrears of rates, taxes and fees vesting in the corporation shall, notwithstanding that such rates and
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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;

(k) Until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act, such number of persons ordinarily resident in the local area included in the 1 [larger urban area] who are nominated by the Government shall be additional councillors of the corporation.

501. Effect of absorption of a part of a 2 [panchayat area] into a 1 [larger urban area].- If any part of an area within the limits of a 2 [panchayat area] is included in a 1[larger urban area], then notwithstanding anything contained in this Act or in the 3 [Karnataka Panchayat Raj Act, 1993] but subject to the provisions of section 4 of this Act, with effect from the date on which such area is included in the 1 [larger urban area], the following consequences shall ensue namely:-

(a) so much of the 4[Grama Panchayat Fund] and other property vesting in the 5[Grama Panchayat] shall be transferred to the corporation fund as the Government may, by order in writing, direct;
(b) the rights and liabilities of the 1[Grama Panchayat] in respect of civil and criminal proceedings, contracts, and other matters or things (including arrears of taxes, fees and cess) arising in or relating to the part of the area included in the 2[larger urban area] shall vest in the corporation; and such rights and liabilities may be enforced by or against the corporation under this Act or the rules, bye-laws and orders made thereunder;
(c) such officers and servants of the 1[Grama Panchayat] shall be transferred to the corporation as the Government may, by order, direct.

503. Declaration of 1[city municipal area as a larger urban area] under this Act.- 2[(1) Subject to the provisions of section 3, the Governor may declare by notification that any municipal area for which a City Municipal Council is constituted under the Karnataka Municipalities Act, 1964

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR (Karnataka Act 22 of 1964) shall with effect from the date to be specified in such notification to be a larger urban area specified under section 3 of this Act.]1 (2) The provisions of the Karnataka Municipalities Act, 1964 applicable to such 3[city municipal area] shall not apply to any local area declared as a 4 larger urban area] under sub-section(1) with effect from the date specified in the declaration:

Provided that any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under the said Act in respect of such 3[city municipal area] which were in force as applicable immediately before the date specified under sub-section (1) shall continue in force and be deemed to have been made, issued or imposed under the provisions of this Act unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under this Act.
(3) With effect from the date of declaration of any area as a 4[larger urban area] under sub-section (1), the following consequences shall ensue, namely:-
(a) the body functioning as a 4[larger urban area] municipal council under the Karnataka Municipalities Act, 1964 immediately before the date of the said declaration in respect of the said area shall become a body competent to exercise the powers and perform the duties conferred by the provisions of the Act on a corporation in respect of the said area until a corporation is duly constituted for the area within the jurisdiction of such body under the provisions of this Act;
(b) the councillors of the 1[larger urban area] municipal council holding office as such immediately before the said date shall become councillors of the corporation;
(c) the president of the said 1[larger urban area] municipal council shall become the Mayor of the corporation and discharge duties and perform functions of the Mayor under this Act and the vice-president of the said 1[larger urban area] municipal council shall become the Deputy Mayor of the said corporation under this Act;

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR 2 [(cc) where, under the provisions of section 315 or section 316 of the Karnataka Municipalities Act, 1964 either an administrator or an officer has been appointed, to exercise the powers and perform the duties of the Municipal Council, then, such administrator or officer shall be deemed to be an Administrator appointed under section 99 3[x x x].

4 [x x x]. The advisory council, if any, appointed to advise and assist the administrator appointed under section 315 of the Karnataka Municipalities Act, 1964 shall be deemed to be an Advisory Committee appointed under sub-section (6) of section 99.]1

(d) the unexpended balance of the municipal fund and the property (including arrears of rates, taxes and fees), belonging to the said 1[larger urban area] municipal council and all rights and powers which prior to the said declaration vested in the 1[larger urban area] municipal council shall, subject to all charges and liabilities affecting the same, vest in the corporation as the corporation fund;

(e) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued under any other law in respect of such municipality shall continue in force and be deemed to have been made issued or imposed under the provisions of this Act, unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued or imposed under this Act;

(f) all budget estimates, assessment lists, valuation or measurements made or authenticated under the Karnataka Municipalities Act, 1964 immediately before the said date shall be deemed to have been made or authenticated under this Act;

(g) all debts and obligations incurred and all contracts made by or on behalf of the 1[larger urban area] municipal council immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the corporation in exercise of the powers conferred on it by or under the Act;

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR

(h) all proceedings pending prior to the said declaration before the 1[larger urban area] municipal council shall be continued by the corporation;

(i) all appeals pending before any authority shall so far as may be practicable, be disposed of as if the said area had been included in the corporation when they were filed;

(j) all prosecutions instituted by or on behalf of the city municipal council and all suits or other legal proceedings instituted by or against the 1[larger urban area] municipal council or any officer of the 1[larger urban area] municipal council pending at the said date shall be continued by or against the corporation as if such area had been included in the corporation when such prosecutions, suits or proceedings were instituted;

(k) all officers and servants in the employ of the 1[larger urban area] municipal council immediately before the said date shall become officers and servants of the corporation under this Act and shall, and until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled immediately before such date:

Provided that it shall be competent to the corporation, subject to the previous sanction of the Government, to discontinue the services of any officer or servant, who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the 1[larger urban area] municipal council in the employ of which he was, had not ceased to exist.
2 [(4) A Corporation shall be duly constituted for the larger urban area under this Act within a period of six months from the date of declaration referred to in sub-section (1) and from the date of first meeting of the corporation as so constituted the body exercising
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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR the powers and performing the duties of the Corporation shall stand dissolved. 3[Provided that where the larger urban area so constituted does not have any newly added area and the election to such smaller urban area was held within one year before the date of declaration of Larger urban area, the election to such larger urban area for constitution of a corporation need not to be held till the completion of the term of members of smaller urban area so elected (irrespective of whether City Municipal Council was constituted or not) and the members of smaller urban area shall continue to be members of the larger urban area corporation to be constituted till the completion of their term so elected and a corporation shall be constituted by treating the said elected members as councilors of the corporation under Section 7].

(5) The properties, rights and liabilities of the City Municipal Council of a municipal area declared as larger urban area under sub-section (1) shall vest in the corporation of the said larger urban area with effect from the date of such declaration.]."

11. Thus, perusal of the aforesaid provisions would indicate that upon inclusion of any Panchayat area, any villages, any revenue village in respect of any panchayat area into the larger urban area, the Gram Panchayat of such local area or part thereof shall cease to exist. Consequent whereof, the elected members of such villages or part of the Gram Panchayath shall cease to be the members thereof. This is clarified by a circular dated 16.11.2022. Relevant portion of which, reads as under :

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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR "PÀ£ÁðlPÀ UÁæªÄÀ ¸Àgé Áeï ªÀÄvÀÄÛ ªÀAZÁAiÀÄvï gÁeï C¢ü¤AiÀĪÀÄ 1993 gÀ ¥ÀæPÀgt À -302(J)gÀAvÉ UÁæªÄÀ ¥ÀAZÁ¬ÄwAiÀÄ ¸ÀzÀ¸Àå£ÁVgÀĪÀÅzÀÄ ¤AvÀÄ ºÉÆÃUÀvÀPÀÌzÄÀ Ý ªÀÄvÀÄÛ ¸ÀAzÀ¨Ás ð£ÀĸÁgÀ UÁæªÄÀ ¥ÀAZÁ¬ÄwAiÀÄ ZÀÄ£Á¬ÄvÀ ¸ÀzÀ¸ÀågÀ MlÄÖ ¸ÀARåÉAiÀÄÄ FUÁUÀ¯ÃÉ ¤zsÀðjvÀªÁzÀAvÉ CzÀPÀÌ£ÀĸÁgÀªÁV PÀrªÉÄAiÀiÁUÀvPÀ z ÌÀ ÄÀ ,Ý (©) UÁæªÄÀ ¥ÀAZÁ¬ÄwAiÀÄ°è ¤»vÀªÁVgÀĪÀµÀÖgÀ ªÀÄnÖUÉÀ UÁæªÄÀ ¥ÀAZÁ¬ÄwAiÀÄ ¤¢ü CxÀªÁ CzÀgÀ ¸Àvé ÀÛ£ÀÄß ¸ÀPÁðgÀªÀÅ °TvÀz° À è DzÉò¸À§ºÀÄzÁzÀAvÉ CAxÀ EvÀgÀ ¸ÀܽÃAiÀÄ ¥ÀæzÉñÀzÀ CAxÀ ¸ÀܽÃAiÀÄ ¥Áæ¢Pü ÁgÀzÀ ¤¢üUÉÀ ªÀUÁð¬Ä¸ÀvPÀ z ÌÀ ÄÀ Ý ºÁUÀÆ (¹) EvÀgÀ ¸ÀܽÃAiÀÄ ¥ÀæzÃÉ ±Àz° À è ¸ÉÃ¥ÀðqÉ ªÀiÁqÀ¯ÁzÀ CxÀªÁ EvÀgÀ ¸À½ Ü ÃAiÀÄ ¥ÀæzÉñÀªÁV ¥ÀjªÀwðvÀªÁzÀ ¥Àz æ ÃÉ ±Àz° À è GzÀ« â ¸ÀĪÀ CxÀªÁ D ¥ÀæzÉñÀPÀÌÉ ¸ÀA§AzsÀ¥ÀlÖ ¹«¯ï ªÀÄvÀÄÛ Qæ«Ä£À¯ï ªÀåªÀºgÀ t À ÉU¼ À ÄÀ , PÀgÁgÀÄUÀ¼ÀÄ, M¥ÀAà zÀU¼ À ÀÄ ªÀÄvÀÄÛ EvÀgÀ «µÀAiÀÄUÀ¼ÄÀ CxÀªÁ ¸ÀAUÀwUÀ½UÀÉ (vÉjUÀÉ, ±ÀÄ®ÌU¼ À ÀÄ, zÀgÀU¼ À ÀÄ ªÀÄvÀÄÛ G¥ÀPÀgÀzÀ ¨ÁQAiÀÄÆ ¸ÉÃjzÀAvÉ) ¸ÀA§A¢ü¹zÀAvÉ UÁæªÀÄ ¥ÀAZÁ¬ÄwAiÀÄ ºÀPÄÀ U Ì ¼ À ÄÀ ªÀÄvÀÄÛ ¨ÁzsåÀ vÉU¼ À ÄÀ ¸À½ Ü ÃAiÀÄ ¥ÀæzÉñÀzÀ ¸ÀܽÃAiÀÄ ¥Áæ¢üPÁgÀz° À è ¤»vÀªÁUÀvPÀ z ÌÀ ÄÀ Ý ªÀÄvÀÄÛ CAvÀºÀ ºÀPÀÄÌU¼ À ÀÄ ªÀÄvÀÄÛ ¨ÁzsÀåvÉU¼ À À£ÀÄß ¸ÀܽÃAiÀÄ ¥ÀæzÃÉ ±ÀzÀ ¥Áæ¢Pü ÁgÀPÉÌÀ C£Àé¬Ä¸ÀĪÀ ¸ÀĸÀAUÀvÀ PÁ£ÀÆ£ÀÄ CxÀªÁ CzÀgr À AiÀÄ°è ªÀiÁqÀ¯ÁzÀ ¤AiÀĪÀÄUÀ¼ÀÄ, G¥À«¢üU¼ À ÀÄ ªÀÄvÀÄÛ DzÉñÀU¼ À À CrAiÀİè CAvÀºÀ ¸À½ Ü ÃAiÀÄ ¥Áæ¢Pü ÁgÀ CxÀªÁ CzÀgÀ «gÀÄzÀÞ eÁjUÉÆ½¸ÀvPÀ z ÌÀ ÄÀ .Ý "
12. From the above provisions of law, notification/a circular, it is clear that villages Tajlapur and Odwada having been merged with the larger urban area, namely the City Corporation of Bidar, the said villages stood merged and the local area has ceased to exist, consequent of which the petitioners no more can claim to be the elected members of the said villages being eligible to
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NC: 2025:KHC-K:6103 WP No. 201609 of 2025 C/W WP No. 203103 of 2025 HC-KAR contest the ensuing election to the post of President and Vice-President of Astoor Gram Panchayath proposed to be held on 17.10.2025.
13. In that view of the matter the relief sought in the petitions cannot be granted. Accordingly, petitions are dismissed.
Sd/-
(M.G.S.KAMAL) JUDGE SWK/SN List No.: 1 Sl No.: 4 Ct:pk