- 1 - HC-KAR NC: 2025:KHC-D:11706 WP No. 106592 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106592 OF 2025 (LB-RES) BETWEEN: VIJAYA S/O. VANKATESH KAMAT, AGE: 46 YEARS, OCC. MEMBER PATANA PANCHAYAT, HONNAVAR, N R/O. BAZAR ROAD, HONNAVAR, TQ. HONNAVAR, TQ. AND DIST. KARWAR. …PETITIONER (BY SRI. A.C. CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-580001. 2. THE DISTRICT COMMISSIONER, UTTARA KANNADA, TQ. AND DIST. GADAG, UTTAR KANNADA-581301. 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, BHATKAL, SUB –DIVISION, BHATKAL-581320. 4. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, HONNAVAR, TQ. KAMAT, DIST. UTTAR KANNADA-581334. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R3; SRI. SURESH BHAT, ADVOCATE FOR R4) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11706 WP No. 106592 of 2025 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING IMPUGNED ORDER VIDE ANNEXURE-A DATED 21.08.2025 PASSED BY THE RESPONDENT NO.3 BEARING NO. ZÀÄ£ÁªÀuÉ/ªÀ»/014/2024-25/E COMP BO.110718.B. THE HONBLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing impugned order vide Annexure-A dated 21.08.2025 passed by the Respondent No.3 bearing no. ZÀÄ£ÁªÀuÉ/ªÀ»/014/2024- 25/E Comp Bo.110718. b. The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. 2. By way of the order dated 21.08.2025, the petitioner who is a member of respondent No.4/Town Municipal - 3 - HC-KAR NC: 2025:KHC-D:11706 WP No. 106592 of 2025 Council, has been removed under Section 41(1) of the Karnataka Municipalities Act, 1964. 3. The short grievance of the petitioner is that though Section 41(1) of the Karnataka Municipalities Act, 1964 provides for removal of a member of the Municipal Council and such removal would have to be done after enquiry having been held, but in the present case, no enquiry has been held. 4. A perusal of Annexure-A indicates that no enquiry has been held. In that view of the matter, it is clear that there is a violation of the mandate of Section 41 of the Karnataka Municipalities Act, 1964. In that view of the matter, I pass the following ORDER i. Writ petition is allowed. ii. A certiorari is issued, the impugned order dated 21.08.2025 at Annexure-A is quashed. - 4 - HC-KAR NC: 2025:KHC-D:11706 WP No. 106592 of 2025 iii. Liberty is reserved to the respondents to comply with the requirements of Section 41 of the Karnataka Municipalities Act, 1964 and take necessary action. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 38