Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34398-DB WA No. 1455 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1455 OF 2025 (LB-ELE) BETWEEN:
SRI. CHANDREGOWDA M SON OF LATE MYLAREGOWDA, AGED ABOUT 57 YEARS, PRESIDENT, HASSAN MUNICIPAL COUNCIL AND MAYOR, THE CORPORATION OF THE CITY OF HASSAN, (NOW DISQUALIFIED) HASSAN - 573 201.
RESIDING AT, DOOR NO.51421/1, 4TH CROSS, RAVINDRA NAGARA, HASSAN - 573 201. …APPELLANT (BY SRI. SHRIKARA P.K, ADVOCATE) AND:
1.
SRI. S. DYAVEGOWDA S/O LATE SUBBEGOWDA, AGED ABOUT 67 YEARS, TALUK PRESIDENT, JD (S) POLITICAL PARTY, HASSAN DISTRICT.
R/AT ROOM NO.6, VOKKALIGARA HOSTEL BUILDING, B.M. ROAD, HASSAN - 573 201.
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:34398-DB WA No. 1455 of 2025
2.
SRI. K.S. LINGESH S/O SOMASHEKARAPPA, AGE NOT KNOWN, MAJOR, DISTRICT PRESIDENT, JD(S) POLITICAL PARTY, HASSAN DISTRICT, R/AT KARIKATTEHALLI, CHATCHATTIHALLI POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT.
3.
THE COMMISSIONER HASSAN METROPOLITAN CORPORATION, HASSAN DISTRICT, HASSAN - 573 201.
4.
THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201.
5.
THE REGIONAL COMMISSIONER AND COMPETENT AUTHORITY MYSURU DIVISION, MYSURU.
6.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. K.S. HARISH G.A. FOR R4 AND R6)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER SETTING ASIDE THE ORDER DATED 23.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-25412/2025 AND
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HC-KAR NC: 2025:KHC:34398-DB WA No. 1455 of 2025
CONSEQUENTLY PASS AN ORDER ALLOWING THE INTERIM RELIEF SOUGHT IN WP IN THE ORDER DATED 14.08.2025 PASSED BY THE RESPONDENT No-5 IN THE CASE BEARING No.RCM-ELN/01/2025 DISQUALIFYING THE APPELLANT FROM THE POST OF COUNCILLOR OF HASSAN METROPOLITAN CORPORATION BY ALLOWING THE INSTANT WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an
order dated 23.08.2025 [impugned order] whereby the notice was issued on the writ petition and the writ petition was directed to be listed after two weeks. The appellant is aggrieved by non-grant of any ad-interim orders as sought for, at the initial stage.
2. Considering that the petition is now directed to be listed by 08.09.2025, we do not consider it apposite to entertain the present
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HC-KAR NC: 2025:KHC:34398-DB WA No. 1455 of 2025
petition. We however direct that the writ petition be listed before the learned Single Judge on 08.09.2025, that is after a period of two weeks as directed in terms of the impugned order. It would also be open for the appellant to seek prayers of interim relief.
3. The appeal is disposed of in the aforesaid terms.
4. Pending application also stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
YN List No.: 1 Sl No.: 31 CT: BHK