The tenure of elected municipal councils is fixed at five years without extension, and appointment of Administrators is valid during the interregnum to ensure governance.

ORDER :

S Sunil Dutt Yadav, J.

In the present batch of petitions, the petitioners have sought for issuance of writ in the nature of mandamus to declare the duration of Administrator's tenure to be excluded while counting the tenure of five years as regards the elected body. Certain other reliefs are also sought in the petition.

2. Subsequently, in light of appointment of Administrators, amendment applications have been filed in many of the matters and appointment of administrators was also challenged.

3. It is noticed that during the pendency of present petitions, identical question as raised in the present batch of petitions has come up before the Dharwad Bench in W.P.No.106387/2025 and connected matters and another batch of writ petitions has come up before the Kalaburagi Bench in W.P.No.203332/2025 and connected matters.

4. In W.P.No.107806/2025 and connected matters disposed off on 04.12.2025, both the writ petitions referred to above before the Dharwad Bench and Kalaburagi Bench have taken note of all contentions and have concluded that the tenure of the elected body is for five years and that till elections are held after a period of five years, the Administrators appointed by the State could occupy the position of the Elected Body. The observations made in W.P.No.107806/2025 and connected matters from para 9 onwards details the legal position.

5. The relevant extract of the said order reads as follows:

"9. The Co-ordinate Bench of this Court in Sri. Allauddin (supra) has answered the questions raised in those petitions and the findings of the Co-ordinate Bench can be summarised as under:-

(a) The tenure of the Councillors in Municipal Council cannot be extended beyond 5 years in case the election is not held before expiry of 5 years’ tenure.

(b) The petitioners/councillors who have not challenged the earlier order appointing the Administrator under Section 315 of the Act, 1964, cannot challenge the order appointing the Administrator after completion of the tenure, to claim extension of tenure.

(c) The period during which the Administrator was in office cannot be excluded from calculating the term of the Municipal Council.

(d) The notification issued by the State to hold elections do not impinge the rights of the councillors.

10. As already noticed, the Co-ordinate Bench of this Court in Sri. Allauddin (supra) has concluded that the petitioners/elected councillors cannot claim extension of tenure beyond 5 years in view of the mandate under Article 243 of the Constitution of India. The Court has also held that the period during which the Administrator was in office cannot be excluded from calculating the term of the office. In addition, the Co-ordinate Bench has also held that the notification issued by the State to hold elections could not impinge the rights of the petitioners.

11. However, the petitioners contend that the question as to whether Administrator can be appointed in case election is not held before the expiry of the tenure of the Municipal Council is not raised in Allauddin (supra).

12. To answer the question raised, it is necessary to refer to Article 243(U) of Constitution of India which reads as under:-

“243U. Duration of Municipalities, etc. -

(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election