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2025 Supreme(Kar) 2798

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
Suraj Govindaraj, J.
Sri. Allauddin S/o Hasanmiya Maniyar – Petitioner
Versus
The State Of Karnataka, Rep By The Under Secretary To The Government, Municipal Administration – Respondent
Writ Petition No.106387 of 2025 (LB-RES), Writ Petition No.105638 of 2025 (LB-RES), Writ Petition No.105784 of 2025 (LB-RES), Writ Petition No.106273 of 2025 (LB-ELE), Writ Petition No.106649 of 2025 (LB-ELE), Writ Petition No.106650 of 2025 (LB-ELE), Writ Petition No.106716 of 2025 (LB-ELE), Writ Petition No.106726 of 2025 (LB-RES), Writ Petition No.106772 of 2025 (LB-ELE), Writ Petition No.106773 of 2025 (LB-RES), Writ Petition No.106777 of 2025 (LB-RES), Writ Petition No.106782 of 2025 (LB-RES), Writ Petition No.106791 of 2025 (LB-RES), Writ Petition No.106806 of 2025 (LB-ELE), Writ Petition No.106847 of 2025 (LB-RES), Writ Petition No.106887 of 2025 (LB-ELE), Writ Petition No.106895 of 2025 (LB-RES), Writ Petition No.106896 of 2025 (LB-RES), Writ Petition No.106897 of 2025 (LB-RES), Writ Petition No.106902 of 2025 (LB-RES), Writ Petition No.106903 of 2025 (LB-RES), Writ Petition No.106917 of 2025 (LB-RES), Writ Petition No.107101 of 2025 (LB-RES), Writ Petition No.107102 of 2025 (LB-RES), Writ Petition No.107103 of 2025 (LB-RES), Writ Petition No.107109 of 2025 (LB-RES)
Decided On : 10-11-2025

Advocates Appeared:
For the Petitioner:Sri. Mrutyunjay Tata Bangi, Sri. Shivakumar Aparaj And Sri. A.N. Barigidal., Advocates
For the Respondent:Sri. Gangadhar J.M., AAG Along With Sri. Ramesh B Chigari., Aga Sri. Hareesh Nayak., Advocate

The tenure of elected municipal councillors is strictly five years as per constitutional mandate, with no provisions for extensions despite interruptions caused by administration appointments.

Headnote:(A) Karnataka Municipalities Act, 1964 - Sections 18, 42, and 315 - Article 243U of the Constitution of India - Dispute over the tenure of elected municipal councillors - Petitioners claim unjust deprivation of their 30-month term due to appointment of Administrator - Court held that the term of office of councillors is fixed as five years and cannot be extended; any period of administration is to be included in calculating said tenure - Petitioners' claims dismissed as ordinances were lawful and timely elections were mandated. (Paras 1-44)

ORDER :

SURAJ GOVINDARAJ, J.

1. The Petitioners in W.P.No.106387/2025 are before this Court seeking for the following reliefs:

a. Issue a writ of mandamus or any other appropriate writ or direction and direct the respondents no. 1,2 & 4 to permit the Petitioner's to complete the period of 30 months i.e., (X term) excluding the period from 29.04.2023 to 25.08.2024 i.e., the period of Administrator being in charge of Savanur Town Municipal Council, in the spirit of democratic values and basic structure of the Constitution of India, and/or, Prayer AA) declare that the period of administrator being in charge of Savanur, Municipality between 29.4.2023 to 23.8.2024 is ultra-vires the Article 243U of the Constitution of India and violation of democratic principles, the 30 months period is commence from election of President for the Xth term and to compute the period of 5 years excluding the period between 29.4.2023 to 23.8.2024.

b. Pass any such other order as this Hon'ble Court deems fit.

2. The Petitioners in W.P.No.105638/2025 are before this Court seeking for the following reliefs:

a. Issue a writ in the nature of certiorari quashing the impugned notification dated 27.01.2025 bearing No. SECK/ULB/OTHR/1/2025-ULB passed by Respondent No.2 vide Annexure-D so far petitioner is concerned.

b. Grant any other relief, which is the Hon’ble Court medium fit in the interest of justice and equity.

3. The Petitioners in W.P.No.105784/2025 are before this Court seeking for the following reliefs:

a. Issue a writ of mandamus directing respondents no. 1,2 & 4 to permit the petitioners to complete period of 30 months i.e, (X term) excluding the period from 29.04.2023 to 23.08.2024 i.e, the period of Administrator being in charge of Shiggaon CMC appointed u/s 315 of the Karnataka Municipalities Act so as to be in compliance of democratic principles and/or,

b. Pass any such other order as this Hon'ble Court deems fit.

4. The Petitioners in W.P.No.106273/2025 are before this Court seeking for the following reliefs:

a) Issue a writ of certiorari or any other appropriate writ or order to quash the impugned communication dated 27.01.2025 issued by the 2nd Respondent authority bearing No. SECK.ULB/OTHR/1/2025-ULB Annexure-F determining the date of completion of term as at of councillors and consequentially the committee insofar as relates to at Sl. no 152as contrary to sec. 18 and sec. 315 of Karnataka Municipalities Act, 1964.

b) Declare that the duration of the currency of the order dated 08-05-2023 appointing administrator to Ankola Town Municipal Council from 08-05-2023 to 19.08.2024 shall not usurp the total five years of the term of the Councillors.

c) Issue writ of mandamus, directing the Respondent No.1 and 2 to calculate the five years terms of the council excluding the period from 08-05-2023 to 19.08.2024 and further be directed that term of Ankola Town Municipal Council would continue until completion of 30 months term by considering the grievance of the Petitioners vide representations dated 28-07-2025 as at annexure-H and J submitted to the Respondent No. 1 and 2 respectively, in the interest of justice and equity.

d) Issue any writ, order or direction as this Honourable Court may deem fit in the facts and circumstances of the case and in the interest of justice.

5. The Petitioners in W.P.No.106649/2025 are before this Court seeking for the following reliefs:

a) Issue a Writ of Certiorari communication to quash the impugned the 1st dated 24.06.2025 issued by Respondent authority bearing No.NAE39MLR2025(E) as at Annexure-G determining the date of completion of tenure of Councilors and consequentially the Committee insofar as relates to at Sl.No.1, as contrary to Sec. 18 and Sec.315 of Karnataka Municipalities Act, 1964, In so far petitioners are concerned.

b) Declare that the duration of the currency of the order dated 25.05.2023 appointing Administrator to Gokak City Municipal Council from 25.05.2023 to 05.08.2024 shall not usurp the total five years of

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