IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103499 OF 2025 (LB-ELE)

BETWEEN:

SMT. B. MUBEENA, AGED ABOUT 27 YEARS, OCC: HOME MAKER, C/O. M. GOUSE BAIG, WARD NO.24, PAKHALI STREET, BALLARI, COWL BAZAR, BALLARI-583102.

…PETITIONER (BY SRI. CHETAN T. LIMBIKAI AND SMT.VIDYAVATI M.KOTTURSHETTAR, ADVOCATES)

AND:

1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, M. S. BUILDING, BENGALURU-560001.

Digitally signed by CHANDRASHEKAR REP. BY ITS SECRETARY.

LAXMAN KATTIMANI Location: HIGH COURT OF 2. THE REGIONAL COMMISSIONER, KARNATAKA DHARWAD BENCH BELAGAVI DIVISION, POST AND DISTRICT: BELAGAVI, BELAGAVI-590001.

3. THE DEPUTY COMMISSIONER, D.C. OFFICE, BALLARI-583101.

4. THE BALLARI MUNICIPAL CORPORATION, DIST. BALLARI-583101, REPRESENTED BY ITS COMMISSIONER.

5. THE BELAGAVI MUNICIPAL CORPORATION, REPRESENTED BY ITS CHEIF EXECUTIVE OFFICE, BELAGAVI-590001.

6. THE KALABURGI MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, KALABURGI 585103.

7. THE HUBLI DHARWD MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER 580020.

8. THE VIJAYAPUR MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER-586101.

…RESPONDENTS (BY SRI. M.KESHAV REDDY, AAG FOR R1 TO R3;

SRI. SHARANU S. CHALAWADI, ADV. FOR R4;

SRI. VINAY S. KOUJALAGI, ADV. FOR R5;

SRI. KRUPASAGAR PATIL, ADV. FOR R6;

SRI. G. I. GACHCHINAMATH, ADV. FOR R7;

SRI. SACHIN MADHUBAR MAHAJAN, ADV. FOR R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT NOTIFICATION NO. UDD 02 MLR 2022 DATED 29- 09-2022 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A, BY PARTIALLY MODIFYING THE NOTIFICATION NO. UDD 02 MLR 2022 DATED 24/08/2022 VIDE ANNEXURE-D ISSUED BY RESPONDENT NO. 1 IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONDUCT THE ELECTION AS PER ANNEXURE-D RESERVING THE POST OF MAYOR OF BALLARI MUNICIPAL CORPORATION WHICH WAS RESERVED FOR BCA(W) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

The petition is filed assailing the order dated 29.09.2022 marked at Annexure-A which is the notification issued by respondent No.1.

2. The petitioner has also sought writ of mandamus to direct respondent No.1 to conduct the election as per Annexure- D reserving the post of Mayor of Ballari Municipal Corporation to BCA woman.

3. The petition is filed primarily on the premise that the post of Mayor in Ballari Municipal Corporation was reserved for BCA woman in terms of notification dated 24.08.2022, which is marked as Annexure-D. It is the case of the petitioner that in terms of impugned notification at Annexure-A dated 29.09.2022, the post is now sought to be reserved for General Category. Thus, it is urged that the notification is invalid and petitioner was not heard before changing the notification.

4. It is noticed that the notification issued at Annexure-D and Annexure-A are both for 24^th term of Ballari Municipal Corporation. It is admitted that 23^rd term completed on

19.06.2025. The 24^th term is for one year.

5. The grievance of the petitioner is that the post of a Mayor in Ballari is not yet reserved for BCA woman so far and for the first time, it was reserved in terms of Annexure-D and by the time, the election could take place to the post of the Mayor for 24^th term for the Ballari Municipal Corporation in terms of Annexure-A, the notification, reservation is changed reserving the same for General Category. It is also the contention of the petitioner that the guidelines laid down in the judgment of M.Abdul Azeez v. The State of Karnataka¹ are not followed.

6. It is also urged the impugned notification also violates Rule 73-A of the Karnataka Municipal Corporation (Election) Rules 1979 (‘Rule