SHRI. KHARORI MOHIDDIN ALTAF S/O MOHAMMED NOORULLAH KHAROORI v. THE GOVERNMENT OF KARNATAKA
WP/107900/2025 · 2025-12-04
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85802 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85802 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17277 WP No. 107900 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107900 OF 2025 (LB-RES)
BETWEEN:
SHRI. KHARORI MOHIDDIN ALTAF S/O MOHAMMED NOORULLAH KHAROORI, AGE. 53 YEARS, OCC. VICE PRESIDENT (IN- CHARGE), PRESIDENT OF TMC, BHATKAL, R/O. NO. 4, AKRAMI MANZIL, KIDWAI ROAD CROSS, BHATKAL, TAL. BHATKAL, DIST. UTTAR KANNADA. … PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF MUNICIPALITY ADMINISTRATION, VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, AMBEDKAR VIDHI, BENGALURU-560 001, REPRESENTED BY ITS DIRECTOR. 3. THE DEPUTY COMMISSIONER, UTTAR KANNADA, DC OFFICE, UTTAR KANNADA-581 301. 4. THE TOWN MUNICIPAL COUNCIL, BHATKAL, TAL. BHATKAL, DIST. UTTAR KANNADA-581 320, REPRESENTED BY ITS CHIEF OFFICER. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:56 +0530
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HC-KAR NC: 2025:KHC-D:17277 WP No. 107900 of 2025
5. THE STATE ELECTION COMMISSION, CUNNINGHAM ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF ELECTION OFFICER. … RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3;
SRI. SANTOSH B. MANE, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION DATED 27/01/2025 PASSED BY RESPONDENT NO.5 BEARING NO.
SECK/ULB/OTHR/1/2025-ULB VIDE ANNEXURE-E; ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED CIRCULAR DATED 26/03/2025 PASSED BY RESPONDENT NO.2 BEARING NO.£ÀCE 39 JAJ¯ïCgï 2025 (E) VIDE ANNEXURE-F; ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 AND 5 TO NOT TO HOLD ELECTIONS TO THE 4TH RESPONDENT COUNCIL UNTIL THE EXPIRY OF THE PETITIONERS TENURE OF PRESIDENTSHIP OF THIRTY (30) MONTHS FROM THE DATE OF 1ST MEETING OF THE SECOND TERM DATED 20/08/2024 I.E. UP TO 02/04/2027 VIDE ANNEXURE-D IN THE ALTERNATIVE; ISSUE A WRIT OF DECLARATION HOLDING THE PROVISIONS OF ARTICLE 243U OF THE CONSTITUTION OF INDIA AS BEING ULTRA VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA IN THE ALTERNATIVE; ISSUE A WRIT OF DECLARATION, READING DOWN THE PROVISIONS OF ARTICLE 243U IN CONSONANCE WITH ARTICLE 14 SO AS TO MEAN AND INCLUDE THAT THE TERM OF 5 YEARS WOULD START FROM THE RESPECTIVE 1ST DAY OF MEETINGS OF THE MUNICIPAL COUNCIL FOR EACH TERM OF PRESIDENT AND VICE-PRESIDENT AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:17277 WP No. 107900 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned counsel for the petitioner submits that the petitioner does not press the relief challenging the constitutional validity of the provision.
2. Submission is placed on record.
3. In view of the disposal of writ petition No.107806/2025 and connected matters, the petition is dismissed for the reasons assigned in aforementioned petitions.
4. In view of disposal of the petition, interlocutory applications do not survive for consideration.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS CT:BCK LIST NO.: 1 SL NO.: 79