- 1 - NC: 2025:KHC:9777 WP No. 6883 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6883 OF 2025 (LB-RES) BETWEEN: 1. JAYANT S/O BALKRISHNA JADHAV AGE: 39 YEARS OCC: CORPORATOR R/O: H NO.52, HOSUR BASAVANAGALLI BELAGAVI-590 006 2. MANGESH S/O NARAYAN PAWAR AGE: 51 YEARS OCC: CORPORATOR R/O: NO.447, NAZAR CAMP, 3RD CROSS, VADAGAON BELAGAVI-590 005 … PETITIONERS (BY SMT. POONAM S PATIL., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPT. OF URBAN DEVELOPMENT VIKAS SOUDHA BENGALURU-01 (APPELLATE AUTHORITY U/S 26(3) OF K.M.C. ACT 1976) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9777 WP No. 6883 of 2025 2. THE REGIONAL COMMISSIONER BELAGAVI DIVISION BELAGAVI-590 002 … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE NOTIFICATION BEARING NO. RCB-ORCB0ELN/3/2025 DATED 03/03/2025 ISSUED BY THE RESPONDENT NO. 02 VIDE ANNEXURE-S AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned AGA accepts notice for respondent No.1. The issuance of notice to respondent No.2 is deemed not necessary in light of the limited prayer sought for. 2. The office objection regarding maintainability is overruled in light of the petitioners restricting the prayer for direction to the respondent No.1 to dispose of the appeal pending before respondent No.1 expeditiously and passing necessary orders on application filed under Section 26(3) of the Karnataka Municipal Corporations Act, 1976 - 3 - NC: 2025:KHC:9777 WP No. 6883 of 2025 ['KMC Act' for short] by 11.03.2025 in light of elections being notified on 15.03.2025 for the post of Mayor and Deputy Mayor. 3. In light of respondent No.1 being within the jurisdiction of this Court, the office objection regarding maintainability is overruled in light of the petitioner restricting the prayer. 4. Petitioners are Corporators of different Wards at Belagavi Municipal Corporation and they have suffered an order of disqualification at Annexure-'A1'. The said order has been challenged before the respondent No.1 and copy of the appeal memorandum is enclosed at Annexure -'A'. 5. It is further submitted that an application for interim relief filed under Section 26(3) of the Karnataka Municipal Corporations Act, 1976 has been filed along with the main appeal. 6. It is submitted that the said appeal was presented on 13.02.2025 and till date, the appeal has - 4 - NC: 2025:KHC:9777 WP No. 6883 of 2025 neither been taken up for consideration nor any date of hearing fixed. It is further submitted that the election for the post of Mayor and Deputy Mayor has been notified on 15.03.2025 and in the event, no orders are passed on the request for grant of interim prayer, their appeal itself would be rendered infructuous and they would be deprived of an opportunity to exercise their franchise in the election to the post of Mayor and Deputy Mayor. 7. Taking note of the limited prayer made, as is evident from the memo filed, the petition is disposed off directing the respondent No.1 to dispose off the appeal expeditiously. 8. It is further directed that the application under Section 26(3) of the Karnataka Municipal Corporations Act seeking for interim relief is to be disposed of before 11.03.2025 keeping in mind the date of election for the post of Mayor and Deputy Mayor is fixed as 15.03.2025. 9. All other contentions on merits are kept open. - 5 - NC: 2025:KHC:9777 WP No. 6883 of 2025 Copy of the order to be furnished to learned Additional Government Advocate. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA