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2025 DAILYLAW 22809 (KAR)

SRI M A MUSTHAFA v. STATE OF KARNATAKA

WP/9851/2025 · 2025-04-07

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - NC: 2025:KHC:14783 WP No. 9851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9851 OF 2025 (LB-ELE) BETWEEN: 1. SRI M A MUSTHAFA S/O ABUBAKAR, AGED ABOUT 50 YEARS, R/AT 4-44-2, HILL ROAD, MAHADEVPET, MADIKERI TOWN, VTC MADIKERI POST, KODAGU DISTRICT-571 201 … PETITIONER (BY SRI. NEERAJ SASTRY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE UNDER SECRETARY OF GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, ROOM NO. 436, 4TH FLOOR, VIKASA SOUDHA, BENGALURU - 560 001 2. KARNATAKA STATE ELECTION COMMISSION, REPRESENTED BY THE SECRETARY, 2ND AND 3RD FLOOR, NO. 16, BALLARI ROAD, SADASHIVANAGARA, BENGALURU-560 080 … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14783 WP No. 9851 of 2025 SMT. VAISHALI HEGDE, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESERVATION MADE TO THE POST OF THE PRESIDENT OF MADIKERI CITY MUNICIPAL COUNSEL VIDE NOTIFICATION DTD 05.08.2024 BEARING NO. UDD 10 MLR 2024(1) ISSUED BY THE R-1 (IMPUGNED NOTIFICATION) PRODUCED A ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for setting aside of the order granting reservation as regards the post of President, Madikeri City Municipal Council vide Notification dated 05.08.2024 at Annexure-'A'. 2. It is noticed that at the instance of other litigants, the reservation regarding post of 'Adhyaksha' and 'Upadhyaksha' relating to Madikeri City Municipal Council had been challenged in W.P.No.23153/2024 and the same had been disposed off on 20.01.2025 in W.P.No.22547/2024 and - 3 - NC: 2025:KHC:14783 WP No. 9851 of 2025 connected petitions. The said writ petitions were dismissed in light of the order passed by the Co- ordinate Bench at Dharwad in W.P.No.104801/2024 and connected matters on 13.12.2024. 3. The order dated 20.01.2025 passed in W.P.No.22547/2024 and connected petitions reads as follows:- "1. In all these Writ Petitions, the question of reservation to be assigned to the posts of ‘Adhyaksha’ and ‘Upadhyaksha’ are being questioned. 2. Learned Additional Advocate General (AAG) submits that a batch of Writ Petitions involving the very same issue were heard by a Co-ordinate Bench at Dharwad and these batch of Writ Petitions were, in fact, adjourned to await the outcome of the judgment, which was to be rendered in the batch of Writ Petitions, which are pending before the Dharwad Bench. 3. Learned AAG also places on record the judgment rendered by the Co-ordinate Bench in Dharwad in W.P. No.104801/2024 and connected matters on 13.12.2024, by which the Writ Petitions have been dismissed. She, - 4 - NC: 2025:KHC:14783 WP No. 9851 of 2025 therefore, prays that this batch of Writ Petitions may also be dismissed. 4. She also states that a Co-ordinate Bench at Kalburgi had also followed this decision and had also dismissed another batch of Writ Petitions in W.P. No.202124/2024 and connected matters on 17.01.2025. 5. In my view, since these two Co-ordinate Benches of this Court have already upheld the contention of the State regarding reservations to the posts of ‘Adhyaksha’ and ‘Upadhyaksha’, it would not be proper to take a different view. 6. These Writ Petitions are, accordingly, dismissed, in the light of the judgment rendered in W.P. No.104801/2024 and connected matters on 13.12.2024 and W.P. No.202124/2024 and connected matters on 17.01.2025. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of." 4. In light of the order passed in W.P.No.22547/2024 and connected petitions on 20.01.2025 and more particularly, in - 5 - NC: 2025:KHC:14783 WP No. 9851 of 2025 W.P.No.23153/2024, which relates to the reservation of post of 'Adhyaksha' and 'Upadhyaksha' of Madikeri City Municipal Council, the present petition does not call for any adjudication and is accordingly rejected. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR