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2025 Supreme(Online)(Kar) 32077

KARNATAKA HIGH COURT
S SUNIL DUTT YADAV, J
NOLAMBA VEERASHAIVA SANGA (R)SUB COMMITTEE ARASIKERE – Appellant
Versus
THE REGIONAL COMMISSIONER AND COMPETENT AUTHORITY MYSORE DIVISION – Respondent


Advocates:
For the Appellants/Petitioners: P.P. Hegde, Dayanand S. Patil, Jayakumar S. Patil, Pruthvi Wodeyar
For the Respondents: Prathima Honnapura, Yogananna K.P., Vidya S.

Table of Content
1. summary of property dispute and local governance actions. (Para 3 , 4 , 5)
2. the necessity for adherence to natural justice in municipal proceedings. (Para 10 , 14)
3. clarification of duties and powers of the municipal council president. (Para 29 , 39)
4. jurisdictional limits for liability determinations. (Para 43)
5. final decision on the disposition of the writ petitions. (Para 46)

ORAL ORDER

W.P.No.4409/2023 has been filed by the petitioner who is the Councillor / President of the Town Municipal Council, Arasikere, calling in question the validity of the order dated 10.02.2023 bearing No.ELECTION:CR:42/ 2021-2022 at Annexure-M whereby, the petitioner has been disqualified from his Membership in terms of Section 41 (1) of the Karnataka Municipalities Act , 1964 ("the Act" for short) as well as fixing liability in terms of Section 308 of the Act.

W.P.No.15015/2023 has been filed by the Nolamba Veerashaiva Sangha®, calling in question the validity of the order dated 10.02.2023 by the Regional Commissioner.

The challenge in the said writ petition is limited to the adverse observations/findings made in the impugned order effecting the rights of the petitioner in respe

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