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2023 Supreme(Online)(KAR) 21587
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY, 2023
PRESENT
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON’BLE MR.JUSTICE ANIL B KATTI
WRIT APPEAL NO.200028/2022 (LB-ELE)
C/W
WRIT APPEAL NO.200037/2022 (LB RES)
WRIT APPEAL NO.200185/2022 (LB RES)
WRIT APPEAL NO.200186/2022 (LB RES)
IN W.A.NO.200028/2022
BETWEEN:
1.
THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI
BENGALURU – 560 001
2.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI
BENGALURU – 560 001
BY ITS PRINCIPAL SECRETARY
... APPELLANTS
(BY SRI PRABHULING NAVADGI, ADVOCATE GENERAL &
SRI.Y.H.VIJAYA KUMAR, ADDL. ADVOCATE GENERAL A/W
SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE)
AND:
YELLAPPA
S/O SHIVASHARANAPPA NALKODI
AGED ABOUT 59 YEARS
OCC : CORPORATOR
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-2-
CITY CORPORATION, KALABURAGI
R/O EKALVYA VIDYALAYA SCHOOL
SHIVASHAKTINAGAR,
TAJ SULTANPUR ROAD
KALABURAGI – 585 104
... RESPONDENT
(BY SRI.N.B.DIWANJI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 04.02.2022 IN W.P.NO.202488/2021 PASSED BY
THE LEARNED SINGLE JUDGE IN THE INTERESTS OF JUSTICE AND
EQUITY.
IN W.A.NO.200037/2022
BETWEEN:
1.
MUNIRAJU GOWDA P M
AGED ABOUT 44 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.27/1, TULASI VASANTHPURA MAIN ROAD
KONANAKUNTE CROSS, DODDAKALLASANDA
BENGALURU – 560 062
2.
LEHAR SINGH SIROYA
AGED ABOUT 74 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.145, 9TH CROSS, 3RD MAIN
RMV 2ND STAGE, HIG COLONY, VTC
BENGALURU NORTH – 560 094
3.
BHARATI SHETTI
AGED ABOUT 61 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.F-4, 2ND FLOOR
“SAI KRISHNA”, CANARA BANK COLONY
BENGALURU SOUTH – 560 061
4.
SAVADI LAKSHMAN
S/O SANGAPPA
AGED ABOUT 62 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.985, OPP. SMS COLLEGE
SATTI ROAD, ATHANI
BELGAUM – 518 123
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-3-
5.
RAGHUNATH RAOMALKAPURE
AGED ABOUT 63 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.19-1-166
SHIVANAGAR, BIDAR – 585 401
... APPELLANTS
(BY SRI AMEET KUMAR DESHPANDE, SR. COUNSEL FOR
SRI.GOWRISH S KHASHAMPUR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA,
BENGALURU – 560 001
BY ITS SECRETARY
2.
THE REGIONAL COMMISSIONER
KALABURAGI DIVISION
KALABURAGI – 585 102
3.
THE COMMISSIONER
CITY MUNICIPAL CORPORATION
KALABURAGI – 585 102
4.
THE ASSISTANT COMMISSIONER
KALABURAGI – 585 102
5.
SHAIK AJMAL AHEMED AFZAL GOLA
AGED ABOUT 40 YEARS
OCC: CORPORATOR, WARD NO.21
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.E-1-980, NEW JEWARGI ROAD
NEAR AMBA BHAVANI TEMPLE
KALABURAGI – 585 102
6.
SACHIN SHIRWAL
AGED ABOUT 32 YEARS
OCC: CORPORATOR, WARD NO.44
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.LIG 28, MSK MILL ROAD
NEAR HANUMAN TEMPLE, SHANTINAGAR
KALABURAGI – 585 103
7.
LATA RAVINDRA KUMAR
AGED ABOUT 46 YEARS
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-4-
OCC: CORPORATOR, WARD NO.49
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.1-933, ADARSH MARG
OLD JEWARGI ROAD, VISHALNAGAR
4TH CROSS, TARFILE, KALABURAGI – 585 102
8.
SMT.ANUMAPA
W/O RAMESH KAMAKNOOR
AGED ABOUT 37 YEARS
OCC: CORPORATOR, WARD NO.22
KALABURAGI MUNICIPAL CORPORATION
R/O CHOWDESHWARI COLONY, BRHMPUR
KALABURAGI – 585 102
...RESPONDENTS
(BY SRI PRABHULING NAVADGI, ADVOCATE GENERAL &
SRI.Y.H.VIJAYA KUMAR, ADDL. ADVOCATE GENERAL A/W
SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE FOR R1,
R2 & R4; SRI.D.P.AMBEKAR, ADVOCATE FOR R3;
SRI.MAHADEV S PATIL, ADVOCATE FOR C/R5 TO R8)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 04.02.2022 IN W.P.NO.200347/2022 PASSED BY
THE LEARNED SINGLE JUDGE IN THE INTERESTS OF JUSTICE AND
EQUITY
IN W.A.NO.200185/2022
BETWEEN:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA, BENGALURU – 01
REPTD. BY ITS SECRETARY
2.
THE REGIONAL COMMISSIONER
KALABURAGI DIVISION
KALABURAGI – 585 102
3.
THE ASSISTANT COMMISSIONER
KALABURAGI – 585 102
... APPELLANTS
(BY SRI PRABHULING NAVADGI, ADVOCATE GENERAL &
SRI.Y.H.VIJAYA KUMAR, ADDL. ADVOCATE GENERAL A/W
SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE)
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-5-
AND:
1.
SMT.HEENA BEGUM
W/O ABDUL RAHEEM
AGED ABOUT 27 YEARS
OCC: CORPORATOR, WARD NO.10
KALABURAGI MUNICIPAL CORPORATION
R/O SHAIK ROJA, ALAND ROAD
KALABURAGI- 585 104
2.
THE COMMISSIONER
CITY MUNICIPAL CORPORATION
KALABURAGI – 585 102
...RESPONDENTS
(BY SRI A M NAGARAL, ADVOCATE FOR C/R1;
SRI.D.P.AMBEKAR, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 04.02.2022 IN W.P.NO.200346/2022 AND GRANT
SUCH OTHER OR FURTHER RELIEF OR RELIEFS AS THIS COURT
MAY DEEM FIT, IN THE CIRCUMSTANCES OF THE CASE.
IN W.A.NO.200186/2022
BETWEEN:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA
BENGALURU – 01
REPTD. BY ITS SECRETARY
2.
THE REGIONAL COMMISSIONER
KALABURAGI DIVISION
KALABURAGI – 585 102
3.
THE ASSISTANT COMMISSIONER
KALABURAGI – 585 102
... APPELLANTS
(BY SRI PRABHULING NAVADGI, ADVOCATE GENERAL &
SRI.Y.H.VIJAYA KUMAR, ADDL. ADVOCATE GENERAL A/W
SRI.MALLIKARJUN C BASAREDDY, GOVT. ADVOCATE)
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-6-
AND:
1.
SHAIK AJMAL AHEMED AFZAL GOLA
AGED ABOUT 59 YEARS
OCC: CORPORATOR, WARD NO.21
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.E-1-980, NEW JEWARGI ROAD
NEAR AMBA BHAVANI TEMPLE
KALABURAGI – 585 102
2.
SACHIN SHIRWAL
AGED ABOUT 31 YEARS
OCC: CORPORATOR, WARD NO.44
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.LIG 28, MSK MILL ROAD
NEAR HANUMAN TEMPLE, SHANTINAGAR
KALABURAGI – 585 103
3.
LATA RAVINDRA KUMAR
AGED ABOUT 45 YEARS
OCC: CORPORATOR, WARD NO.49
KALABURAGI MUNICIPAL CORPORATION
R/O H NO.1-933, ADARSH MARG
OLD JEWARGI ROAD, VISHALNAGAR
4TH CROSS, TARFILE
KALABURAGI – 585 102
4. SMT.ANUMAPA
W/O RAMESH KAMAKNOOR
AGED ABOUT 36 YEARS
OCC: CORPORATOR, WARD NO.22
KALABURAGI MUNICIPAL CORPORATION
R/O CHOWDESHWARI COLONY, BRHMPUR
KALABURAGI – 585 102
5.
THE COMMISSIONER
CITY MUNICIPAL CORPORATION
KALABURAGI – 585 102
6.
MUNIRAJU GOWDA P M
AGED ABOUT 45 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.27/1, TULASI VASANTHPURA MAIN ROAD
KONANAKUNTE CROSS, DODDAKALLASANDA
BENGALURU – 560 062
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-7-
7.
LEHAR SINGH SIROYA
AGED ABOUT 75 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.145, 9TH CROSS, 3RD MAIN
RMV 2ND STAGE, HIG COLONY, VTC
BENGALURU NORTH – 560 094
8.
BHARATI SHETTI
AGED ABOUT 60 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.F-4, 2ND FLOOR
“SAI KRISHNA”, CANARA BANK COLONY
BENGALURU SOUTH – 560 061
9.
SAVADI LAKSHMAN
S/O SANGAPPA
AGED ABOUT 61 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.985, OPP. SMS COLLEGE
SATTI ROAD, ATHANI, BELGAUM – 518 123
10.
RAGHUNATH RAO MALKAPURE
AGED ABOUT 62 YEARS
OCC: MEMBER OF LEGISLATIVE COUNCIL
R/O NO.19-1-166, SHIVANAGAR
BIDAR – 585 401
... RESPONDENTS
(BY SRI.MAHADEV S PATIL, ADVOCATE FOR C/R1 TO R4;
SRI.D.P.AMBEKAR, ADVOCATE FOR R5;
SRI AMEET KUMAR DESHPANDE, SR. COUNSEL FOR
SRI.GOWRISH S KHASHAMPUR, ADVOCATE FOR R6 TO R10)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE DATED 04.02.2022
PASSED IN WRIT PETITION NO.200347/2022 (LB-RES) AND GRANT
SUCH OTHER OR FURTHER RELIEF OR RELIEFS AS THIS COURT
MAY DEEM FIT, IN THE CIRCUMSTANCES OF THE CASE.
THESE WRIT APPEALS PERTAINING TO KALABURAGI BENCH
HAVING BEEN HEARD AND RESERVED ON 13.12.2022 COMING ON
FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, K.S.MUDAGAL J.,
W.A.No. 200028/2022 C/W
W.A.No.200037/2022,
W.A.No.200185/2022,
W.A.No.200186/2022
-8-
SITTING AT PRINCIPAL BENCH THROUGH VIDEO CONFERENCING
DELIVERED THE FOLLOWING:
These matters relate to the election of Mayor and
Deputy Mayor of Kalaburagi Municipal Corporation. Kalaburagi
Municipal Corporation consists of 55 wards. Each ward is
represented by a Corporator. The elections to the Corporation
were being held once in every five years. After the election of
the Councillors, two amongst them will be elected as the
Mayor and Deputy Mayor of the City Corporation.
The General Elections of the Councillors to the
Kalaburagi Municipal Corporation was held on 06.09.2021. In
that election, 23 Corporators were elected from Bharatiya
Janata Party, 27 Corporators were elected from Indian
National Congress, 4 Corporators were elected from Janatha
Dal (Secular) and one Corporator was elected as independent
candidate.
The posts of Mayor and Deputy Mayor of various
Municipal Corporation in the State of Karnataka were being
filled up in accordance with the provisions of the Karnataka
Municipal Corporations Act, 1976 (‘the KMC Act’ for short),
-9-
Karnataka Municipal Corporations (Elections) Rules, 1979 (‘the
KMC Election Rules’ for short) and Guidelines issued by the
State Government from time to time.
Section 10(1A) of the KMC Act provides for making
reservations to the posts of Mayor and Deputy Mayor of the
City Corporations in the State to the persons belonging to the
Scheduled Castes, Scheduled Tribes, Backward Classes and
Women.
Article 243T of the Constitution of India (Clause 4
and 5) provides for making reservation in favour of women on
rotation basis and Section 421(1) of the KMC Act empowers
the Government to make rules regarding election on
reservation. Accordingly the State Government has been
issuing guidelines on notifications every year regarding
allotment of offices of Mayor and Deputy Mayor to various
categories by rotation. The latest of such guidelines were
issued under Government Order No.UDD 92 MLR 2014 dated
27.08.2014 keeping in view Article 243T of the Constitution of
India, Section 421(1) of the KMC Act, the KMC Election Rules
and the order of the Supreme Court dated 01.02.2013 in SLP
-10-
3909-3910 of 2003 and the order dated 13.02.2013 in
W.P.(Civil)No.89/2013,
modifying
the
guidelines
dated
04.05.2013 regarding the reservation of the posts of Mayor
and Deputy Mayor for various categories by rotation in
Municipal Corporations in Karnataka.
Accordingly,
the
State
Government
issued
notifications dated 01.01.2018, 03.09.2018, 26.12.2019 and
11.02.2021 allotting the offices of Mayor and Deputy Mayor in
all 11 city Corporations in Karnataka. So far as Kalaburagi
Municipal Corporation, the allotment of offices of Mayor and
Deputy Mayor as per the reservations for respective terms
were as follows:
Date of
Notification
Term
Mayor
Deputy Mayor
01.01.2018
XX Term
Gen(Women)
Gen(Women)
03.09.2019
XXI Term
Scheduled
caste
General
26.12.2019
XXII Term
Scheduled
caste
Backward
caste-A
11.02.2021
XXIII Term
Gen(Women)
Backward
caste-B
Though the notifications of 2018, 2019 and 2021
were issued allotting the posts of Mayor and Deputy Mayor to
certain categories, such reservations so far as Kalaburagi,
-11-
Vijayapura and Bidar Municipal Corporations became the
subject
matter
of
W.P.No.204314/2018
and
connected
matters. Due to such litigation, the elections of Mayor and
Deputy Mayor of Kalaburagi Municipal Corporations were not
conducted for the said terms.
Ultimately
as
per
the
notification
dated
11.02.2021 the Regional Commissioner of Kalaburagi region
issued notice dated 06.11.2021 convening the meeting on
20.11.2021 at 12.30 hours. In the said notice, it was notified
that the post of Mayor and Deputy Mayor for 23rd term is
reserved for General Women and Backward Class-B. By the
notice dated 16.11.2021 Regional Commissioner postponed
the election of Mayor and Deputy Mayor to be held on
20.11.2021 on the ground that the Election Commission of
India has notified the elections of the Members Of Legislative
Council.
On 27.01.2022 the Regional Commissioner issued
another notic
