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2026 DAILYLAW 5107 (KAR)

SMT LAVANYA GANESH REDDY v. STATE OF KARNATAKA

WA/777/2026 · 2026-04-23

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 777 OF 2026 (LB-RES) BETWEEN: SMT. LAVANYA GANESH REDDY, W/O GANESH REDDY, AGED ABOUT 45 YEARS, RESIDING AT NO.795, 10TH MAIN ROAD, 3RD BLOCK, HBR LAYOUT, BANGALORE - 560 043. …APPELLANT (BY SRI. MOHAMMED RASEEL T.A., ADVOCATE FOR SRI. SUNIL KUMAR H., ADVOCATE) AND: 1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, ROOM NO.434, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001, REP BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE - 560 002, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 REPRESENTED BY ITS COMMISSIONER. 3. REGIONAL COMMISSIONER, 2ND FLOOR, BMTC BUILDING, SHANTHINAGAR, KH ROAD, BANGALORE - 560 027. 4. MR. ANIL KUMAR SHETTY K., S/O KUSHAL SHETTY, AGED ABOUT 31 YEARS, RESIDING AT NO. 161, 3RD CROSS, 17TH B MAIN, J.P. NAGAR 2ND PHASE, BANGALORE - 560 076. 5. UMADEVI NAGARAJ, RESIDING AT NO. 673/1, 1ST FLOOR, BEHIND JAIN TEMPLE, T DASARA HALLI, BENGALURU - 560 027. 6. M. PADMAVATHI SRINIVAS, RESIDING AT NO. 246, BIRESHWARA NILAYA, BAKTHA KANAKADASA ROAD, NEAR SHIVA TEMPLE, KALKERE, BENGALURU - 560 043. 7. KODANDA REDDY, RESIDING AT NO. 642, 10TH B MAIN ROAD, DODDABANASWADI, BANGALORE - 560 043. 8. MEENAKSHI, RESIDING AT NO. 235/1, KRISHNA KUTIRA, 3RD MAIN ROAD, 3RD BLOCK, - 3 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 KRISHNAIYANAPALAYA, BENGALURU - 560 038. 9. RAJA S (BANDERAJ), RESIDING AT NO. 1, SHREE RAM ROAD, IN FRONT OF APNA BAZAAR, VININAPURA, BENGALURU - 560 016. 10. V SHIVAPRAKASH, RESIDING AT NO. 66/62, 1ST MAIN ROAD, 2ND STAGE, OKALIPURAM, BENGALURU - 560 021. 11. BALAKRISHNAN G, RESIDING AT NO. 85, 1ST MAIN ROAD, LR NAGAR, VIVEKNAGAR, BENGALURU - 560 047. 12. SARALA C MAHESH BABU, RESIDING AT NO. 16/15, 18TH CROSS, RAMASWAMY LAYOUT, LAKKASANDRA, BENGALURU - 560 030. 13. T. RAMACHANDRA, NO.5, 20-A CROSS, EJIPURA MAIN ROAD, VIVEKNAGAR POST, BANGALORE - 560 047. 14. MR. M CHANDRAPPA, RESIDING AT NO.88/1, NEAR HANUMAN TEMPLE, KORAMANGALA, BENGALURU - 560 095. - 4 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 15. MR. G. MANJUNATH, RESIDING AT NO. 546, 1ST MAIN ROAD, 1ST CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 034. 16. ARYA SRINIVAS, RESIDING AT NO. 14/4, ARYA NILAYA, BETTEGOWDA LAYOUT, 1ST CROSS ROAD, JUDICIAL LAYOUT, TALAGATTAPURA, KANAKAPURA MAIN ROAD, BENGALURU - 560 019. 17. RAJASHEKARA N. RESIDING AT NO. 88, 1ST CROSS, 1ST MAIN, PATEL MUNNIYAPPA LAYOUT, V NAGENAHALLI, BENGALURU - 560 032. 18. NAUSHEER AHMED, RESIDING AT NO. 102, SHISHA, HERITAGE 9, 4TH B-MAIN, HRBR LAYOUT, 2ND BLOCK, KALYANINAGAR, BENGALURU - 560 043. 19. PADMAVATHI NARASIMHAMURTHY, RESIDING AT NO. 235, SRI. KRISHNA NILAYA, 6TH MAIN, NELAGADHARAHALLI, BENGALURU - 560 073. 20. SHWETHA VIJAYA KUMAR, RESIDING AT NO. 627, - 5 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 HOODI GARDEN, THIGALARAPALYA, HOODI, MAHADEVAPURA POST, BENGALURU - 560 048. 21. MAHALAKSHMI H RAVINDRA, RESIDING AT NO. 151, 2ND MAIN, VIDHYARANYA NAGAR, MAGADI ROAD, BENGALURU - 560 023. 22. MAMATA K.M., RESIDING AT NO. 311, SHABARI NAGARA, RK HEGDE NAGARA, DR. SHIVARAMAKARANTA NAGARA, BENGALURU - 560 077. 23. M. VELUNAYAKAR, RESIDING AT NO. 594, 9TH CROSS, GOKULA 1ST STAGE, 2ND PHASE, BENGALURU - 560 054. 24. B N JAYAPRAKASH, RESIDING AT NO. 136/1, COCONUT GARDEN, SEEGEHALLI, VIRGONAGAR POST, BENGALURU - 560 049. 25. M N SHRIKANT (PUTTA), RESIDING AT NO. 208, 2ND MAIN ROAD, WHITEFIELD ROAD, B. NARAYANAPURA, BENGALURU - 560 016. 26. G. MOHAN KUMAR, RESIDING AT NO. 35/36, USHA NILAYA, - 6 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 GANGAMMA GARDEN, MALLAGALU MAIN ROAD, 2ND STAGE, NAGARBHAVI, VISHWANEEDAM POST, BENGALURU - 560 091. 27. RAMESH N. RESIDING AT NO. 761/2, 93/7, RING ROAD, MARATHAHALLI, MARATHAHALLI POST, BENGALURU - 560 037. 28. FARIDA ISHTIAQ, RESIDING AT NO. 10/A, NOHA STREET, SHIVAJINAGAR, BENGALURU - 560 051. 29. BALAKRISHNAPPA G, RESIDING AT NO. 85, 1ST MAIN ROAD, LR NAGAR, VIVEKNAGAR, BENGALURU - 560 047. 30. MR. R.V. YUVARAJ, RESIDING AT NO. 50, C STREET, FORT ROAD, KALASIPALYA, BENGALURU - 560 002. 31. D. PRAMOD, RESIDING AT NO.351, BALAJI COMPLEX, BAZAR STREET, KUVEMPU ROAD, KENGERI, BENGALURU - 560 060. 32. GAYATRI M, RESIDING AT NO. 34/1, - 7 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 8TH CROSS, KP AGRAHARA, BENGALURU - 560 023. 33. MR. AJMAL BAIG, RESIDING AT NO. 4, 6TH CROSS, SHAMANNA GARDEN, BENGALURU - 560 026. 34. G. MANJUNATH, 546, 1ST MAIN ROAD, 1ST CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 034. 35. MR. N. NAGARAJU, RESIDING AT NO. 793, 31ST CROSS, THILAK NAGAR, JAYANAGAR, BANGALORE - 560 041. 36. MR. ANSAR PASHA S, RESIDING AT NO. 382, 6TH CROSS, KAVERI NAGARA, BANGALORE - 560 070. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.16099/2019 DATED 22.06.2024. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court appeal has been filed impugning the judgment and order dated 22.06.2024 passed by the learned Single Judge in W.P.No.16099/2019. 2. The aforesaid writ petition was filed by one Anil Kumar Shetty .K, claiming to be "a social entrepreneur and diligent citizen of Karnataka", with the following prayers:- "A) Issue a writ in the nature of Quo Warranto against the Respondent Nos.4 to 37 and require them to show what authority they have to continue to hold office as Councillors of BBMP in the wake of their failure to comply with the provisions of Section 19 of the Karnataka Municipal Corporations Act, 1976. - 9 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 B) Alternatively, issue a writ in the nature of Mandamus directing the Respondent No.3 to consider the Petitioner's representations at Annexures 'F' and 'J' and take necessary action as prescribed by Section 19(2) of the Karnataka Municipal Corporations Act, 1976, in an expeditious manner and without any further delay." 3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 4. The respondent Nos.4 to 37 were elected as the Councillors of the respondent No.2-Bruhat Bengaluru Mahanagara Palike. The case of the petitioner in the writ petition was that the Councillorship of the said private respondents ceased on its own in terms of Section 19 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the Act of 1976') as they had failed to declare all the assets owned by them and any members of their family. Alternatively, it was prayed that the petitioner's representations - 10 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 dated 10.03.2018 and 19.02.2019 should be considered, wherein he had requested to immediately disqualify all the Councillors considering violation of the provisions of the Act of 1976. 5. The learned Single Judge, vide impugned judgment and order, has disposed of the said writ petition with the following directions:- "[i] The respondent-Corporation is directed to initiate legal action against disqualified Councillors who have voted & acted in contravention of the provisions of section 432 of the 1976 Act, forthwith, after accomplishing the necessary prerequisites & formalities. [ii] The respondent-government is directed to take all steps for constituting disciplinary inquiry against such of the Commissioners of respondent-Corporation who failed to refer the question of cessation/disqualification of Councillors in terms of section 19(3) and further, - 11 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 allowed them to function as such in violation of section 432 of the 1976 Act. [iii] The compliance report in terms of [i] & [ii] above shall be filed with the Registrar General of this Court, within an outer limit of three months." 6. The appellant (respondent No.7 in the writ petition), who is one of the elected Councillor, has filed the present appeal. The appeal has been filed with a delay of 585 days. The reasons stated in the affidavit accompanying the application- I.A.No.1/2026 filed for condonation of delay are as under: "1. I state that I am the Appellant in the above appeal and I am well conversant with the facts and circumstances of the case. Hence I am swearing to this affidavit. 2. I state that I am challenging the order passed by the learned Single Judge in WP No.16099/2019 dated 26/04/2024. 3. I state that I have good case on merits and the averments made in the main appeal may read as part and - 12 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 parcel of this Application provides the petition of facts. 4. I state that there is a delay of 585 days in filing the present appeal as I had to collect all the documents and apply for the certified copy of the judgement and collect from my advocate and arrange for the fees to file the present appeal. Hence there is a delay. 5. I state that the delay is bona fide and not intentional. If the delay is not condoned, I will be put to great hardship and agony." 7. Except for saying that the appellant had to collect all the documents and he has good case on merits, nothing has been stated in the application for the inordinate delay in filing the appeal. We find that the reasons are not sufficient and bona fide. Therefore, we dismiss the application-I.A.No.1/2026 and consequently, the appeal also stands dismissed. - 13 - HC-KAR NC: 2026:KHC:22370-DB WA No. 777 of 2026 In view of dismissal of the appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR/BKV List No.: 1 Sl No.: 7 ct-vn