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2026 DAILYLAW 8900 (KAR)

BRUHATH BANGALORE MAHANAGARA PALIKE v. ANIL KUMAR SHETTY K

WA/1511/2024 · 2026-02-19

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1511 OF 2024 (LB-RES) BETWEEN: 1. BRUHATH BANGALORE MAHANAGARA PALIKE NR SQUARE, BANGALORE 560002. REPRESENTED BY ITS COMMISSIONER APPELLANT IS REPRESENTED BY SRI CHANDRASHEKER PATIL, HEAD OF THE LEGAL CELL, DELEGATED AUTHORITY OF THE CHIEF COMMISSIONER , BBMP HUDSON CIRCLE, BENGALURU- 560002 …APPELLANT (BY SRI. SANJEEV B L., ADVOCATE) AND: 1. ANIL KUMAR SHETTY K S/O. KUSHAL SHETTY, AGED ABOUT 36 YEARS PRESENTLY R/AT NO. 1615, 3RD CROSS, 17TH-B-MAIN, JP NAGAR, 2ND PHASE, BANGALORE 560076 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, ROOM NO. 434, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BANGLAORE 560001. REP BY ITS PRINCIPAL SECRETARY 3. REGIONAL COMMISSIONER 2ND FLOOR, BMTC BUILDING, SHANTHINAGAR, KH ROAD, BANGALORE 560027 4. UMADEVI NAGARAJ #673/1, 1ST FLOOR, BEHIND JAIN TEMPLE, T. DASARAHALLI, BENGALURU 560027 5. M PADAMAVATHI SRINIVAS 246, BIRESHWARA NILAYA, BAKTHA KANAKADASA ROAD, NEAR SHIVA TEMPLE, KALKERE, BENGALURU 560043 6. A KODANDA REDDY #642, 10TH-B-MAIN ROAD, DODDABANASWADI, BANGALORE 560043 7. LAVANYA GANESH REDDY NO 795, 10TH MAIN ROAD, 3RD BLOCK, HBR LAYOUT, BANGALORE 560043 8. MEENAKSHI #235/1, KRISHNA KUTIRA, 3RD MAIN ROAD, 3RD BLOCK, KRISHNAIYANAPALYA, BENGALURU 560038 9. RAJA S (BANDERAJ) #1, SHREE RAMROAD, INFRONT OF APNA BAZAAR, - 3 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 VININAPURA, BENGALURU 560016 10. V SHIVAPRAKASH #66/62, 1ST MAIN ROAD, 2ND STAGE, OKALIPURAM, BENGALURU 560021 11. BALAKRISHNAN G #85, 1ST MAIN ROAD, LR NAGAR, VIVEKNAGAR, BENGALURU 560047 12. SARALA C MAHESH BABU #16/15, 18TH CROSS, RAMASWAMY LAYOUT, LAKKASANDRA, BENGALURU 560030 13. T RAMACHANDRA #5, 20-A-CROSS, EJIPURA MAIN ROAD, VIVEKNAGAR POST, BENGALURU 560047 14. M CHANDRAPPA #88/1, NEAR HANUMAN TEMPLE, KORAMANGALA, BENGALURU 560095 15. G MANJUNATH #546, 1ST MAIN ROAD, 1ST CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE 560034 16. ARYA SRINIVAS #14/4, ARYA NILAYA. BETTEGOWDA LAYOUT, 1ST CROSS ROAD, JUDICIAL LAYOUT, - 4 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 TALAGATTAPURA, KANAKAPUARA MAIN ROAD, BENGALURU 560019 17. RAJASHEKARA N #88, 1ST CROSS, 1ST MAIN, PATEL MUNNIYAPPA LAYOUT, V NAGENAHALLI, BENGALURU 560032 18. NAUSHER AHMED #102, SHISHA, HERITAGE 9, 4TH-B-MAIN, HRBR LAYOUT, 2ND BLOCK, KALYANINAGAR, BENGALURU 560043 19. PADMAVATHI NARASIMHAMURTHY #235, SRI. KRISHNA NILAYA, 6TH MAIN, NELAGADHARAHALLI, BENGLAURU 560073 20. SHWETHA VIJAYA KUMAR #627, HOODI GARDEN THIGALARAPALYA, HOODI, MAHADEVAPURA POST, BENGALURU 560048 21. MAHALAKSHMI H RAVINDRA #151, 2ND MAIN, VIDHYARANYA NAGAR, MAGADI ROAD, BENGALURU 560023 22. MAMATA K M #311, SHBARI NAGARA, RK HEGDE NAGARA, DR. SHIVARAMAKARANTA NAGARA, BENGALURU 560077 23. M VELUNAYAKAR #594, 9TH CROSS, - 5 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 GOKULA 1ST STAGE, 2ND PHASE, BENGALURU 560054 24. B N JAYAPRAKASH #136/1, COCOUNT GARDEN, SEEGEHALLI, VIRGONAGAR POST, BENGALURLU 560049 25. M N SHRIKANT (PUTTA) #208, 2ND MAIN ROAD, WHITEFIELD ROAD, B. NARAYANAPURA, BENGALURU 560016 26. V ELUMALI #NEW NO. 259, OLD NO. 38, 21ST CROSS, HALLE BAGALUR LAYOUT, BENGALURU 560084 27. G MOHAN KUMAR #35/36, USHA NILAYA, GANGAMMA GARDEN, MALLAGALU MAIN ROAD, 2ND STAGE, NAGARBHAVI, VISHWANEEDAM POST, BENGALURU 560091 28. RAMESH N #761/2, 93/7, RING ROAD, MARATHAHALLI, MARATHAHALLI POST, BENGALURU 560037 29. FARIDA ISHTIAQ NO 10/A, NOHA STREET, SHIVAJINAGAR, BENGALURU 560051 30. BALAKRISHNAPPA G #85, 1ST MAIN ROAD, - 6 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 LR NAGAR, VIVEKNAGAR, BENGALURU 560047 31. R V YUVARAJ #50, C STREET, FORT ROAD, KALASIPALYA, BENGALURU 560002 32. D PRAMOD #351, BALAJI COMPLEX, BAZAR STREET, KUVEMPU ROAD, KENGERI, BENGALURU 560060 33. GAYATHRI M #34/1, 8TH CROSS, KP AGRAHARA, BENGALURU 560023 34. AJMAL BAIG #4, 6TH CROSS, SHAMANNA GARDEN, BENGALURU 560026 35. G MANJUNATH #546, 1ST MAIN ROAD, 1ST CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE 560034 36. N NAGARAJU #793, 31ST CROSS, THILAK NAGAR, JAYANAGAR, BANGALORE 560041 37. ANSAR PASHA S 382, 6TH CROSS, KAVERI NAGARA, BENGALURU 560070 - 7 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 …RESPONDENTS THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 22/06/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.16099/2019 IN SO FAR AS IT PERTAINS TO DIRECTING THE GOVERNMENT TO TAKE STEPS FOR CONSTITUTING DISCIPLINARY INQUIRY AGAINST SUCH OF THE COMMISSIONERS OF APPELLANT-CORPORATION FOR FAILURE TO REFER THE QUESTION OF CESSATION/DISQUALIFICATION OF COUNCILORS IN TERMS OF SECTION 19(3) AND ALLOWED THEM TO FUNCTION AS SUCH IN VIOLATION OF SECTION 432 OF THE 1976 ACT AND CONSEQUENTLY DISMISS THE SAID WRIT PETITION IN SO FAR AS THE APPELLANT IS CONCERNED. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 intra Court appeal has been filed impugning the judgment and order dated 22.06.2024 passed by the learned Single Judge W.P.No.16099/2019 (LB-RES) filed by the 1st respondent herein, whereby the - 8 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 learned Single Judge has directed the 2nd respondent/Bruhat Bengaluru Mahanagara Palike (herein after referred to as 'the Corporation') to initiate legal action against the disqualified Councillors, who had voted and acted in contravention of the provisions of Section 432 of the Municipal Corporations Act, 1976 (for short 'the Act'). 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. After accomplishing the necessary and prerequisites formalities, it has been further directed to constitute a disciplinary inquiry against the such of the Commissioners of the 2nd respondent/Corporation, who failed to refer the question of cessation/disqualification of the Councillors in terms of Section 19(3) and further, allowed them to function as such in violation of Section 432 of the Act. 4. It is not in dispute that the disqualified Councillors were permitted to act and vote in the Corporation. Such - 9 - HC-KAR NC: 2026:KHC:10368-DB WA No. 1511 of 2024 an illegality and impropriety cannot be ignored by this Court. 5. We do not find that the learned Single Judge has committed an error, which requires an interference by this Court, which is why we dismiss this appeal. 6. In view of dismissal of the petition, pending interim applications, if any, do not survive for consideration and accordingly stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG CT: SN List No.: 1 Sl No.: 22