Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:554-DB WA No. 1702 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1702 OF 2025 (LB-ELE) BETWEEN:
1.
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.5142/1, 4TH CROSS, RAVINDRA NAGARA, HASSAN-573201. …APPELLANT (BY SRI. SHRIKARA P K., ADVOCATE)
AND:
1.
SRI S DYAVEGOWDA SON OF LATE SUBBEGOWDA, AGED ABOUT 67 YEARS, TALUK PRESIDENT, JD (S) POLITICAL PARTY, HASSAN DISTRICT, RESIDING AT ROOM NO 6, VOKKALIGARA HOSTEL BUILDING B. M. ROAD, HASSAN 573 201.
2.
SRI K.S. LINGESH SON OF SOMASHEKARAPPA AGE NOT KNOWN, MAJOR,
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:554-DB WA No. 1702 of 2025
DISTRICT PRESIDENT JD (S) POLITICAL PARTY, HASSAN DISTRICT RESIDING 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. SYED AMEER, ADVOCATE FOR R1;
SRI. VARUN J.PATIL, ADVOCATE FOR R2;
SRI. SUDEV HEGDE.M.N, AGA FOR R4, R5 AND R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER REVERSING THE ORDER DATED 19/09/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.25412/2025 AND CONSEQUENTLY PASS AN ORDER QUASHING THE ORDER DATED 14/08/2025 PASSED BY RESPONDENT NO.5 IN THE CASE BEARING NO.RCM-ELN/01/2025 VIDE ANNEXURE-A DISQUALIFYING THE APPELLANT FROM THE POST OF COUNCILLOR OF HASSAN METROPOLITAN CORPORATION BY ALLOWING THE INSTANT WRIT APPEAL.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:554-DB WA No. 1702 of 2025
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed impugning the
judgment and order dated 19.09.2025 passed by the learned Single Judge in W.P.No.25412/2025.
2. The appellant/petitioner had impugned the
order dated 14.08.2025 passed by the Regional Commissioner and Competent Authority, Mysuru disqualifying the appellant/petitioner from holding the post of Councillor in Hassan City Municipal Council in view of Section 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.
3. The appellant/petitioner was the President of Hassan City Municipal Council and he did not vote in favour of a no-confidence motion, as directed by the political party to which he belonged and got elected.
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HC-KAR NC: 2026:KHC:554-DB WA No. 1702 of 2025
4. As the term of the Municipal Council has got over on 29.10.2025, the Administrator has been appointed vide order dated 15.11.2025. In view thereof, nothing survives in this appeal to be adjudicated. However, the earlier disqualification earned by the appellant/petitioner will not come in his way for contesting the fresh election, if he so desires.
5. With the aforesaid clarification, the writ appeal stands dismissed as having rendered infructuous.
All pending application stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
RKA List No.: 1 Sl No.: 22