IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 107755 OF 2025 (LB-RES)

BETWEEN:

AMZAD PATEL

S/O SAYED MADAR HUSSAIN PATEL,

AGE. 56 YEARS, OCC. PRESIDENT,

CITY MUNICIPAL COUNCIL, KOPPAL,

R/O. WARD NO.3, MADINA NAGAR,

HAMALA NAGAR, KOPPAL,

DIST. KOPPAL-583 231.

… PETITIONER

(BY SRI. JAYAKUMAR S. PATIL, ADVOCATE FOR

SRI. NARAYAN V. YAJI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

DEPARTMENT OF URBAN DEVELOPMENT,

4^TH FLOOR, VIKASA SOUDHA,

Dig itally signed by BENGALURU-560 001,

CHANDRASHEKAR

LAXMAN BY ITS PRINCIPAL SECRETARY.

KATTIMANI

Location: HIGH

COURT OF

KARNATAKA 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,

DHARWAD BENCH

Date: 2025.12.18 V.V. TOWER, DR. B.R. AMBEDKAR VEEDHI,

15:23:19 +0530

BENGALURU-560 001.

3. STATE ELECTION COMMISSION, KARNATAKA,

NO.16, 2^ND AND 3^RD FLOOR, BELLARY ROAD, SADASHIVA NAGARA, BENGALURU-560 080,

BY ITS COMMISSIONER.

4. THE DEPUTY COMMISSIONER,

KOPPAL DISTRICT, KOPPAL-583 231.

5. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, KOPPAL DISTRICT, KOPPAL-583 231.

… RESPONDENTS (BY SRI. GANGADHAR J.M. AAG FOR SRI. ASHOK T. KATTIMANI, AGA FOR R1, R2 AND R4;

SRI. HAREESH S. NAYAK, ADVOCATE FOR R3;

SRI. R.K. KULKARNI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTION OR DECLARATION DECLARING THAT, THE PETITIONER IS ELIGIBLE TO CONTINUE OR HELD THE POST OF PRESIDENT, CITY MUNICIPAL COUNCIL, KOPPAL TILL 26.04.2026 BY CONSIDERING THE FIRST MEETING HELD ON 27.04.2021 OF 5^TH RESPONDENT CITY MUNICIPAL COUNCIL, KOPPAL VIDE ANNEXURE-Q, DATED 27.04.2021 BEARING NO.NIL; CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER/CORRESPONDENCE DATED 27.01.2025 BEARING FILE NO.SECK/ULB/OTHR/1/2025-ULB ISSUED BY THE 3^RD RESPONDENT IN SO FAR AS CITY MUNICIPAL COUNCIL, KOPPAL (AT SL.NO.165) VIDE ANNEXURE- S TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 02^ND DECEMBER 2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CAV ORDER

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

The petitioner has sought a declaration that he is eligible to continue or to hold the office of President of City Municipal Council, Koppal, till 26.04.2026, on the premise that his tenure commenced from 24.04.2021, the date on which according to the petitioner first meeting of the City Municipal Council, Koppal was held.

2. The petitioner has sought to quash the correspondence dated 27.01.2025 marked at Annexure-S in terms of which, the State Election Commission has directed the State to furnish the details relating to ward wise reservation to hold elections to the Municipal Council.

3. On 15.11.2025 the petitioner filed an application to stay the operation of the notification dated 06.11.2025 appointing the Administrator to the Municipal Council, Koppal.

4. The petitioner contends that his term as the President of the Municipal Council will come to an end on

26.04.2026 by reckoning the date of first meeting as

27.04.2021.

5. The respondent-State has not accepted the petitioner’s contention and contended that the first meeting of the Municipal Council, Koppal was held on 29.10.2020.

6. Thus the moot question that requires consideration is whether the first meeting of the Municipal Council, elected in the year 2018, was held on 29.10.2020 or was held on

27.04.2021.

7. It is an admitted fact that on 06.09.2018 election to the Municipal Council, Koppal was held to elect 32 councillors. Later, the notification providing for reservation to the office of President and Vice President was published by the State and said order was called in question in Writ Petition No.11439/2020. The operation of the notification was stayed vide order dated 15.10.2020 in the said Writ Petition. The order in writ petition was called in question in Writ Appeal No.516/2020. The D