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WP No. 105239 of 2021

IN THE HIGH COURT OF KARNATAKA, DHARWAD

BENCH

DATED THIS THE 21^ST DAY OF APRIL, 2022

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 105239 OF 2021 (LB-RES)

BETWEEN

1.

SHRI SURESH S/O ANNASAHEB UDAGAVE

AGE. 53 YEARS, OCC. AGRICULTURE

R/O. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI, PIN 591239

2.

SHRI MAHABOOB MEERASAB KALE

AGE. 57YEARS, OCC. MAISEN

R/O. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI, PIN 591239

3.

SMT. NOUSHADBI W/O ABUBAKKAR MUJAVAR

AGE. 64 YEARS, OCC. HOUSEHOLD WORK

R/O. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI, PIN 591239

4.

SMT.SUJATA W/O SURESH KUMBAR

AGE: 31 YEARS, OCC:HOUSEHOLD WORK

R/O SADALAGA, TQ: CHIKODI,

DIST: BELAGAVI, PIN 591239

…PETITIONERS

(BY SRI.SHIVARAJ P MUDHOL, ADVOCATE

AND SRI.ANAND BAGEWADI, ADVOCATE)

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WP No. 105239 of 2021

AND

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF URBAN DEVELOPMENT

M.S.BUILDING, BENGALURU-560001

2.

THE DEPUTY COMMISSIONER

BELAGAVI, DIST. BELAGAVI

PIN 590001

3.

THE TOWN MUNCIPAL COUNCIL

AT. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI, PIN 590001

4.

TAHASILDAR CHIKKODI AND RETURNING OFFICER

ADYAKSHA AND UPA ADYAKSHA

OF TOWN MUNICIPAL COUNCIL SADALAGA

TQ. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI-590001

5.

THE PRESIDENT

CHIKKODI DISTRICT BHARATIYA JANATA PARTY

CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI

PIN. 590001

6.

SRI.ANAND S/O DEVAGOUDA PATIL

AGE. 48 YEARS, OCC. AGRICULTURE,

R/O. SADALAGA, TQ. CHIKODI, DIST. BELAGAVI

PIN 590001

7.

SHRI HEMANT S/O MAYAPPA SHINGE

AGE. 51 YEARS, OCC. AGRICULTURE,

R/O. SADALAGA, TQ. CHIKODI

DIST. BELAGAVI, PIN 590001

…RESPONDENTS

(BY SMT.K.VIDYAVATHI, ADDL. ADVOCATE GENERAL, FOR R1, 2 &4,

SRI.SHARAD V MAGADUM, ADVOCATE FOR R3,

SRI.JAYAKUMAR S PATIL, SENIOR COUNSEL

FOR SRI.MRUTYUNJAYA TATA BANGI AND SRI.S.S.YALIGAR,

ADVOCATES FOR R5 & C/R6 & R7)

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WP No. 105239 of 2021

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE

OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED

28/10/2021 IN NO.BGM/DUDC/CR/38/2020-21 PASSED BY THE 2^ND

RESPONDENT VIDE ANNEXURE-A. 2. TO DECLARE THAT ENTIRE

PROCEEDINGS

INITIATED

BY

THE

2^ND

RESPONDENT

BGM/DUDC/CR/38/2020-21

VIDE

ANNEXURE-A

IS

WITHOUT

AUTHORITY OF LAW AND WITHOUT JURISDICTION. 3. TO ISSUE

DIRECTION TO THE RESPONDENTS TO PERMIT THE PETITIONERS TO

CONTINUE

TO

DISCHARGE

THEIR

DUTIES

AS

HAS

BEEN

DISCHARGING PRIOR TO PASSING OF THE IMPUGNED ORDER.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR

ORDERS, COMING ON FOR ‘PRONOUNCEMENT OF ORDER’, THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

1.

The petitioners are before this Court seeking for the

following reliefs:

1. To issue writ in the nature of certiorari to quash the

impugned

order

dated

28/10/2021

in

no.bgm/dudc/cr/38/2020-21 passed by the 2^nd respondent

vide annexure-a.

2. To declare that entire proceedings initiated by the 2^nd

respondent bgm/dudc/cr/38/2020-21 vide annexure-a is

without authority of law and without jurisdiction.

3. To issue direction to the respondents to permit the

petitioners to continue to discharge their duties as has been

discharging prior to passing of the impugned order.

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WP No. 105239 of 2021

2.

Vide

Annexure-A

the

petitioners

have

been

disqualified from the post of the Councilors held by

them in Sadalaga Town Municipal Council.

3.

The petitioners were elected as councilors of the

Town Municipal Council, Sadalaga Town, Chikodi

Taluk, Belagavi District, in the elections held in the

year 2018. All the petitioners were elected under the

symbol of Bharatiya Janata Party (BJP) they being

the official candidates of BJP. In the elections held for

the post of Adhyaksha and Upa-Adhyakhsa on

02.11.2020, petitioner No.1 contested for the post of

Adhyaksha and was elected for the said post with

petitioner Nos.2 to 4 having cast their votes in favour

of petitioner No.