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2026 Supreme(Online)(Kar) 25843

THE HIGH COURT OF KARNATAKA
B M SHYAM PRASAD AND SHIVASHANKAR AMARANNAVAR
SMT USHA MAHESH DASAR W/O MAHESH DASAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.04.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

The Appellants are the elected Councillors of Gadag-Betageri City Municipal Council [for short ‘the CMC’]. The appellants have challenged the third respondent’s [the jurisdictional Regional Commissioner’s] Order dated 27.02.2025 in W.P No. 101601 of 2025. The Regional Commissioner has removed the appellants from the office of the Councillors of the CMC acting under Section 41 of the Karnataka Municipalities Act, 1964 [‘for short the Municipalities Act’]. The writ Court, by the impugned order dated 10.02.2026, has rejected the writ petition confirming this decision.

Factual Matrix:

2. The Regional Commissioner has decided to remove the appellants from the office of the Councillors because of their participation in the decision [a Resolution] to extend the lease of the land measuring approximately 34 acres 32 guntas of Whakaar-Saal, Gadag [the subject propertie

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