- 1 - NC: 2025:KHC:5807 WP No. 3610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3610 OF 2025 (LB-RES) BETWEEN: 1. MR K CHAMAN SAB S/O. K. HUSEN SAB, AGED ABOUT 68 YEARS NO. 333/1, JUBLEE WELL ROAD, NEAR VITAL MANDIRA, MAHARAJA PETE, DAVANAGERE-577001. …PETITIONER (BY SRI. NAVEED AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY URBAN DEVELOPMENT DEPARTMENT M.S BUILDING BENGALURU-560 052 REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. THE COMMISSIONER DAVANGERE CITY MUNICIPAL CORPORATION DAVANGERE. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO ALLOW THE PETITIONER TO COMPLETE HIS TENURE OF ONE YEAR FROM 27.09.2024 TILL Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5807 WP No. 3610 of 2025 26.09.2025 AS GUARANTEED UNDER SUB-SECTION 2 OF SECTION 10 OF KMC ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to issue a mandamus to the respondent and thereby permit the petitioner to complete his tenure as ‘Mayor’ till 26.09.2025. 2. It is not in dispute that the petitioner was elected as a ‘Mayor’ on 27.09.2024. It is also not in dispute that the term of the Councillor itself comes to an end on 19.02.2025. 3. It is the case of the petitioner that notwithstanding the fact that his term as a Councillor would come to an end on 19.02.2025, by virtue of Section 10 of the Karnataka Municipal Corporations Act, 1976, he has a right to be a ‘Mayor’ even beyond that period i.e., for a period of one year i.e., from 27.09.2024. - 3 - NC: 2025:KHC:5807 WP No. 3610 of 2025 4. In my view, this argument is unsustainable since the primary eligibility to be a ‘Mayor’ is that a person should be an elected Councillor. If the term of the Councillor were to come to an end, automatically his right to become a ‘Mayor’ would also come to an end. Consequently, the request of the petitioner that he will continue as a ‘Mayor’ till 27.09.2025 cannot be accepted. The Writ Petition is, therefore, dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 55