IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.47171-47190/2018 (LB-RES) C/W WRIT PETITION Nos.47209-47212/2018 (LB-RES), 50095/2018 (LB-ELE), 47386/2018 (LB-RES), 47204-47207/2018 (LB-ELE), 47214-47218/2018 (LB-ELE), 47385/2018 (LB-ELE), 47191-47200/2018 (LB-ELE), 47202-47203/2018 (LB-ELE), 48518/2018 (LB-ELE), 47996/2018 (LB-ELE) W.P. Nos.47171-47190/2018:
Between:
1. Sri Alam Basha S/o. Mahimunmiya Aged aobut 39 years Councillor City Municipal Council Sindhanur R/at Venteshwar Nagar Sindhanur – 584 128.
2. Sri. H.Basha, S/o. Abdul Sab Aged about 40 years Councillor, City Municipal Council Sindhanur, R/at M.B. Colony, Sindhanur – 584 128.
3. Sri. Shekarappa Giniwar, S/o. Hiresiddappa, Aged about 48 years, Councillor, City Municipal Council Sindhanur, R/at Venteshwar Nagar, Sindhanur – 584 128.
4. Sri.Murtuza Hussain Ivadi S/o. Gesudaray Aged about 39 years Councillor City Municipal Council Sindhanur R/at M.B.Colony Sindhanur – 584 128.
5. Smt. Manjula Prabhuraj, W/o. Sri. Prabhuraj, Aged about 40 years, Councillor, City Municipal Council Sindhanur, R/at Natraj Colony, Sindhanur – 584 128.
6. Smt. Nagamma W/o. Sri Chatrappa, Aged about 45 years, Councillor, City Municipal Council Sindhanur R/at Upparwadi, Sindhanur – 584 128.
7. Smt. Hussain Bee W/o. Sri Khaja Hussain Aged about 38 years, Councillor City Municipal Council Sindhanur R/at Natraj Colony Sindhanur – 584 128.
8. Smt. Badebee, W/o. Sri. Khader Basha, Aged about 50 years Councillor City Municipal Council Sindhanur R/at Tippu Sultan Colony, Sindhanur – 584 128.
9. Sri K.Raj Shekar S/o. K. Nagappa, Aged about 44 years, Councillor City Municipal Council Sindhanur R/at Sukarpet, Sindhanur – 584 128.
10. Smt. Uma Suresh Jadava, W/o. Sri.Suresh Jadava, Aged about 28 years, Councillor City Municipal Council Sindhanur R/at Janata Colony Sindhanur – 584 128.
11. Sri Muneer Pasha, S/o. Hussain Sab Aged about 39 years, Councillor City Municipal Council Sindhanur R/at Kadargooroni (Khasabwadi) Sindhanur – 584 128.
12. Sri Mallikarjuna S/o. Basavanthrayya Patil Aged about 50 years, Councillor City Municipal Council Sindhanur R/at Kote, Sindhanur – 584 128.
13. Sri Shabeer Ahmed, S/o. Maula Hussain, Aged about 46 years, Councillor City Municipal Council Sindhanur R/at Khadariya Colony, Sindhanur – 584 128.
14. Sri Sharanappa, S/o. Balavva, Aged about 38 years, Councillor City Municipal Council Sindhanur R/at Ganga Nagar, Sindhanur – 584 128.
15. Sri. Mehaboob Dongari, S/o. Khader Basha Dongari, Aged about 32 years, Councillor City Municipal Council Sindhanur R/at Vasavinagar, Sindhanur – 584 128.
16. Smt. Jabeena Begum, W/o. Mohammed Kareem, Aged about 47 years, Councillor City Municipal Council Sindhanur R/at Khasabwadi, Sindhanur – 584 128.
17. Smt. Nalani Chandrashekhar Gowda Meti, W/o. Sri. Chandrashekhar Gowda Meti, Aged about 38 years, Councillor City Municipal Council Sindhanur R/at Patelwadi, Sindhanur – 584 128.
18. Smt. Sareetha W/o. Venkatesh, Aged about 36 years, Councillor City Municipal Council Sindhanur R/at Bharminwadi Sindhanur – 584 128.
19. Smt. Husna Bee, W/o. Sri. Mohammed Khan, Aged about 60 years, Councillor City Municipal Council Sindhanur R/at Khatibase, Sindhanur – 584 128.
20. Smt. Lakshami Bangi, W/o. Thimmaya Bangi, Aged about 48 years, Councillor City Municipal Council Sindhanur R/at Sukalapet, Sindhanur – 584 128. ... Petitioners (By Sri. Mohamad Tahir, A., Advocate) And:
1. State of Karnataka Urban Development Department M.S. Building, Bengaluru – 560 001. Rep. by its Secretary 2. The Deputy Commissioner Raichur, Raichur District-58401.
3. The Assistant Commissioner, Also Returning Officer, Raichur, Raichur District-58401.
4. The City Municipal Council Sindhanur, Sindhanur, Represented by its Chief Executive Officer 5. The City Municipal Council Nippani, Nippani Taluk, Belagavi District – 591 237. Represented by its Chief Executive Officer 6. The City Municipal Council Harihar, Harihar Taluk, Davangeri District – 577 601. Represented by its Chief Executive Officer 7. The City Municipal Council Sirsi, Sirsi Taluk, Uttara Kannada District – 581 402. Represented by its Chief Executive Officer 8. The City Municipal Council, Koppal Koppal District Represented by its Chief Executive Officer.
9. The City Municipal Council Rabkavi Banahatti Rabkavi Banahatti Taluk Bagalkot District – 587 314 Represented by its Chief Executive Officer 10. The City Municipal Council Challakere, Challakere Taluk, Chitradurga District – 577 522. Represented by its Chief Executive Officer 11. The City Municipal Council Mulabagilu, Mulabagilu Taluk, Kolar District – 563 131. Represented by its Chief Executive Officer 12. The City Municipal Council Ullal, Ullal Taluk Mangalore District – 575 020 Represented by its Chief Executive Officer.
13. The City Municipal Council Medikeri, Medikeri Taluk, Kodagu District – 571 201 Represented by its Chief Executive Officer 14. The City Municipal Council Bagalkote Bagalkote District 587 101 Represented by its Chief Executive Officer 15. The City Municipal Council Shahabad, Shahabad Taluk Gulberga District – 585 228. Represented by its Chief Executive Officer 16. The City Municipal Council Chitradurga, Chitradurga District – 577 501 Represented by its Chief Executive Officer …Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. Ravi H.K., Advocate for R4;
Sri. Lokesh Malavalli, Advocate for R5; Sri. Ravi G. Sabhahit, Advocate for R7; Smt. Anasuya Devi, Advocate for R13; Sri. S. Mahesh, Advocate for R16;
R6, R12 & R14 - served) These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash notification dated 09.10.2018 issued by R-1 at Annexure-C or in the alternative notification dated 03.09.2018 issued by R-1 at Annexure-A and etc.
W.P. Nos.47209-47212/2018 Between:
1. Sri Sanganagouda G Patil S/o G.S.Patil Aged about 40 Years Councillor Town Municipal Council Rone R/At Basveshwarenagar Gowdarvoni Ron Gadag District - 582 209.
2. Sri Bawa Sab Rehman Sab Betageri S/o Rehman Sab Betageri Aged About 49 Years, Councillor Town Municipal Council, Rone R/At Behind Old TMC Gowdaravoni Ron Gadag District - 582 209.
3. Sri. Ishwarappa Kadabinakatti S/o Irrappa Aged About 31 Years, Councillor Town Municipal Council, Rone R/At Ishwar Colony Near Ishwar Temple Ron Gadag District - 582 209.
4. Sri Gadigeppa Amarappa Kiresura S/o Amarappa Kiresura Aged About 45 Years, Councillor Town Municipal Council, Rone R/At Kamiyaroni Ron, Gadag District - 582 209. ... Petitioners (By Sri. Mohamad Tahir, A., Advocate) And:
1. State of Karnataka Urban Development Department M.S.Building Bangalore - 560 001 Rep By Its Secretary.
2. The Deputy Commissioner Gadag Gadag - 582 101.
3. The Thasildar Also Returning Officer Ron Taluk Gadag District - 582 209.
4. The Town Municipal Council Ron, Ron Taluk, Gadag District - 582 209 Represented By Its Chief Executive Officer 5. The Town Municipal Council Gurumitkal Gurumitkal Taluk, Yadgeri District - 585 214 Represented By Its Chief Executive Officer 6. The Town Municipal Council Karkala Karkala Taluk, Udupi District - 574 104 Represented By Its Chief Executive Officer 7. The Town Municipal Council Bantwal Bantwal Taluk, Dakshina Kannada District - 574 219 Represented By Its Chief Executive Officer 8. The Town Municipal Council Kurugoudu Kurugoudu Taluk Bellary District - 583 116 Represented By Its Chief Executive Officer 9. The Town Municipal Council Channagiri, Channagiri Taluk, Davanagere District - 577 213 Represented by its Chief Executive Officer 10. The Town Municipal Council Kundapur Kundapur Taluk, Udapi District - 576 201 Represented by its Chief Executive Officer 11. The Town Municipal Council Madhugiri Madhugiri Taluk Tumkur District - 572 132 Represented by its Chief Executive Officer.
12. The Town Municipal Council Ramdurg Ramdurg Taluk, Belagavi District - 591 123 Represented by its Chief Executive Officer.
13. The Town Municipal Council Konappana Agrahara Bangalore South Taluk, Bangalore District - 560 100 Represented by its Chief Executive Officer 14. The Town Municipal Council Gajendragada Gajendragada Taluk, Gadag District - 582 114 Represented by its Chief Executive Officer.
15. The Town Municipal Council Nagamangala Nagamangala Taluk, Mandya District - 571 432 Represented by its Chief Executive Officer.
16. The Town Municipal Council Vijayapura, Devanahalli Taluk, Bangalore Rural District - 562 135 Represented By Its Chief Executive Officer 17. The Town Municipal Council Sakaleshapura Sakaleshapura Taluk, Hassan District - 573 134 Represented by its Chief Executive Officer 18. The Town Municipal Council Mudabidri Mudabidri Taluk Dakshina Kannada District - 574 227 Represented by its Chief Executive Officer. ... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. M. Pradeep, Advocate for R13; Smt. RAkshitha D. J. Advocate for R17; Sri. R. Kothwal, Advocate for R15;
R4, R5 & R9 - served) ***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 09.10.2018 issued by R-1 at annexure-D or in the alternative notification dated 03.09.2018 issued by R-1 at annexure-B and etc.
W.P. No.50095/2018 Between:
Sri Bajil D Souza S/o Jeri D Souza Aged About 48 Years Paramanuru Mangalore - 575001 Dakshin Kannada. ... Petitioner (By Sri. Varun J Patil, Advocate) And:
1. State of Karnataka Urban Development Department M S Building, Bangalore - 560001 Rep. by its Secretary 2. The Deputy Commissioner Dakshin Kannada Mangalore - 575001 3. The Assistant Commissioner Also Returning Officer Dakshin Kannada Mangalore - 575001 4. The City Municipal Council Ullal, Ullal- 575020 Represented by its Chief Executive Officer 5. The City Municipal Council Nippin Taluk Nippin, Belagavi District - 591237 Represented by its Chief Executive Officer 6. The City Municipal Council Harihar, Harihar Taluk Davangeri District - 577601 Represented by its Chief Executive Officer 7. The City Municipal Council Sirsi, Sirsi Taluk Uttara Kannada District - 581402 Represented by its Chief Executive Officer 8. The City Municipal Council Sindhanur Sindhanur Taluk Raichur District - 584128 Represented by its Chief Executive Officer 9. The City Municipal Council Rabkavi Banahatti, Rabkavi, Banahatti Taluk Bagalkot Dist : 587314 Represented by its Chief Executive Officer 10. The City Municipal Council Challakere, Challakere Taluk Chitradurga Taluk Chitradurga District - 577522 Represented by its Chief Executive Officer 11. The City Municipal Council Mulabagilu Mulabagilu Taluk Kolar District - 563131 Represented by its Chief Executive Officer 12. The City Municipal Council Koppal Koppal District- 583231 Represented by its Chief Executive Officer 13. The City Municipal Council Madikeri Madikeri Taluk Kodagu District - 571201 Represented by its Chief Executive Officer 14. The City Municipal Council Bagalkote Bagalkote District- 587101 Represented by its Chief Executive Officer 15. The City Municipal Council Shahabad Shahabad Taluk Gulberga District - 585228 Represented by its Chief Executive Officer 16. The City Municipal Council Chitradurga Chitradurga District - 577501 Represented by its Chief Executive Officer ... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3; Sri. Lokesh Malavalli, Advocate for R5;
Sri. B. K. Manjunath, Advocate for R6; Sri. Ravi G. Sabahit, Advocate for R7; Sri. Ravi H. K., Advocate for R8;
Sri. S. Mahesh, Advocate. For R16; R4, R9, R11 & R15 - served) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 09.10.2018 issued by R-1 at annexure-C or in the alternative notification dated 03.09.2018 issued by R-1 at annexure-A and etc.
W.P. No.47386/2018 Between:
Smt Prathima Mohana W/o Mohana, Aged about 38 years 68/7, Uchangi Nagara, Market Road, Karkala, Udupi-574 104. ... Petitioner (By Sri. Varun Jaykumar Patil, Advocate) And:
1. State of Karnataka Urban Development Department, M.S.Building, Bangalore-560 001. Rep. By Its Secretary.
2. The Deputy Commissioner Udupi, Dakshina Kannada District 574104.
3. The Thasildar Also Returning Officer, Udupi, Dakshina Kannada District-574104.
4. The Town Municipal Council Karkala, Karkala Taluk, Udupi District 574104.
5. The Town Municipal Council Ron, Ron Taluk, Gadag District 582209. Represented by its Chief Executive Officer.
6. The Town Municipal Council Ramdurg-574104, Belgaum District, Represented by its Chief Executive Officer.
7. The Town Municipal Council Bantwal, Bantwal Taluk, Dakshina Kannada District-574219, Represented by its Chief Executive Officer, 8. The Town Municipal Council Kurugoudu, Kurugoudu Taluk, Bellary District-583116, Represented by its Chief Executive Officer.
9. The Town Municipal Council Channagiri, Channagiri Taluk, Davanagere District- 577213, Represented By Its Chief Executive Officer.
10. The Town Municipal Council Kundapur, Kundapur Taluk, Udupi District-576201, Represented by its Chief Executive Officer.
11. The Town Municipal Council Madhugeri, Madhugiri Taluk, Tumkur District-572132. Represented by its Chef Executive Officer.
12. The Town Municipal Council Gurumitkal, Gurumitkal Taluk, Yadgeri District-585214, Represented By iis Chief Executive Officer.
13. The Town Municipal Council Konappana Agrahara, Bangalore South Taluk, Bangalore District-560100, Represented By its Chief Executive Officer.
14. The Town Municipal Council Gajendragada, Gajendragada Taluk, Gadag Distric -582114, Represented by its Chief Executive Officer.
15. The Town Municipal Council Nagamangala, Nagamangala Taluk, Mandya District-571432. Represented by its Chief Executive Officer.
16. The Town Municipal Council Vijayapura, Devanahalli Taluk, Bangalore Rural District-562135, Represented by its Chief Executive Officer.
17. The Town Municipal Council Sakaleshapura, Sakaleshapura Taluk, Hassan District 573134, Represented by its Chief Executive Officer 18. The Town Municipal Council Mudabidri, Mudabidri Taluk, Dakshina Kannada District-574227, Represented by its Chief Executive Officer.
... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R7, R9 to R11, R13, R14, R17 & R18 – served And unrepresented) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the Notification dated 9.10.2018 Issued By R-1 at Annex-C or in the alternative notification Dated 3.09.2018 Issued By R-1 At Annex-A and etc.
W.P. Nos.47204-47207/2018 Between:
1. Sri Amjad Patel S/o S M Patel Aged About 50 Years Councillor City Municipal Council Koppal R/At Hamalara Colony Koppal-583 231 2. Sri Virapakshappa S/o Sangappa Yallammnavar Aged About 52 Years Councillor City Municipal Council Koppal R/At Behind Sharada Talkies Koppal-583 231 3. Sri Akber Pasha Kasim Sab S/o Kasim Sab Aged About 48 Years Councillor City Municipal Council Koppal R/At Pathangalli Koppal-583 231 4. Sri Sabiya Sultana W/o Syed Adil Patel Aged About 34 Years Councillor City Municipal Council Koppal R/At Tiggen Kara Street Koppal-583 231.
(By Sri. Mahamad Tahir A, Advocate) And:
1. State of Karnataka Urban Development Department M S Building Bangalore-560 001 Rep. By Its Secretary 2. The Deputy Commissioner Koppal, Koppal-582 331 3. The Assistant Commissioner Also Returning Officer Koppal Koppal-582 331 ... Petitioners 4. The City Municipal Council Koppal Koppal-582 331 Represented By Its Chief Executive Officer 5. The City Municipal Council Nippin Nippin Taluk Belagavi Dist-591 237 Represented By Its Chief Executive Officer 6. The City Municipal Council Harihar Harihar Taluk Davangeri Dist-577 601 Represented By Its Chief Executive Officer 7. The City Municipal Council Sirsi Sirsi Taluk Uttara Kannada Dist-581 402 Represented By Its Chief Executive Officer 8. The City Municipal Council Sindhanur Sindhanur Taluk Raichur Dist-584 128 Represented By Its Chief Executive Officer 9. The City Municipal Council Rabkavi Banahatti Rabkavi Banahatti Taluk Bagalkot Dist-587 314 Represented By Its Chief Executive Officer 10. The City Municipal Council Challakere Challakere Taluk Chitradurga Dist-577 522 Represented By Its Chief Executive Officer 11. The City Municipal Council Mulabagilu Mulabagilu Taluk Kolar Dist-563 131 Represented By Its Chief Executive Officer 12. The City Municipal Council Ullal Ullal Taluk Mangalore Dist-575 020 Represented By Its Chief Executive Officer 13. The City Municipal Council Medikeri, Medikeri Taluk Kodagu Dist-571 201 Represented By Its Chief Executive Officer 14. The City Municipal Council Bagalkote, Bagalkote Dist-587 101 Represented By Its Chief Executive Officer 15. The City Municipal Council Shahabad Shahabad Taluk Gulberga Dist-585 228 Represented By Its Chief Executive Officer 16. The City Municipal Council Chitradurga Chitradurga Dist-577 501 Represented By Its Chief Executive Officer.
... Respondents (By Sri. Dinesh Rao, AAG a/w Smt. Prathima Honnapura, AGA for R1 to R3; Sri. Lokesh Malavalli, Advocate for R5;
Sri. B. K. Manjunath, Advocate for R6; Sri. Ravi G. Sabahit, Advocate for R7; Sri. Ravi H.K. Advocate for R8;
Smt. Anusuya Devi, Advocate for R13; Sri. S. Mahesh, Advocate for R16;
R8, R9, R12, R14 & R15 – served and unrepresented) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 09.10.2018 issued by R-1 at annexure-C or in the alternative notification dated 03.09.2018 issued by R-1 at annexure-A and etc.
W.P. Nos.47214-47218/2018 Between:
1. Smt Raibhog Sangeeta Chandrakant W/o Chandrakant Raibhog Aged About 29 Years Councillor Town Munciipal Council Ramdurga R/At Junipet Ramdurga - 591 123.
2. Smt Parvati Ramesh Naik W/o Ramesh Naik Aged About 45 Years Councillor Town Municipal Council Ramdurga R/At Killawoni Ramdurga - 591 123.
3. Sri Durgappa Kempanna Bandivatar S/o Kempanna Aged About 35 Years Councillor Town Municipal Council Ramdurga R/At Bhaganagar Ramdurga - 591 123.
4. Sri Mehaboob Sab Ghouse Targala S/o Ghouse Sab Aged About 41 Years Councillor Town Municipal Council Ramdurga R/At Maddiwoni Ramdurga - 591 123.
5. Sri Imam Sab Mehboob Sab Kaladgi S/o Mehboob Sab Aged About 43 Years Councillor Town Municipal Council Ramdurga R/At Sripathnagar Ramdurga - 591 123. ... Petitioners (By Sri. Mahamad Tahir A) And:
1. State of Karnataka Urban Development Department, M S Building Bangalore - 560001 Rep By its Secretary 2. The Deputy Commissioner Belagavi Belagavi Dist - 590001 3. The Thasildar Also Returning Officer Belagavi, Belagavi District - 590001 4. The Town Municipal Council Ramdurg Ramdurg Taluk Belagavi District- 591 123. Represented by its Chief Executive Officer 5. The Town Municipal Council Ron, Ron Taluk, Gadag District - 582209 Represented by its Chief Executive Officer 6. The Town Municipal Council Karkala, Karkala Taluk Udupi District - 574104 Represented by its Chief Executive Officer 7. The Town Municipal Council Bantwal, Bantwal Taluk Dakshina Kannada Dist - 574219 Represented by its Chief Executive Officer 8. The Town Municipal Council Kurugoudu Kurugoudu Taluk Bellary District - 583116 Represented by its Chief Executive Officer 9. The Town Municipal Council Channagiri Channagiri Taluk Davangere District - 577213 Represented by its Chief Executive Officer 10. The Town Municipal Council Kundapur Kundapur Taluk Udupi District - 576201 Represented by its Chief Executive Officer 11. The Town Municipal Council Madhugeri Madhugeri Taluk Tumkur District- 572132 Represented by its Chief Executive Officer 12. The Town Municipal Council Gurumitkal Gurumitkal Taluk Yadageri District - 585214 Represented by its Chief Executive Officer 13. The Town Municipal Council Konappanaagarahara Bangalore South Taluk Bangalore District - 560100 Represented by its Chief Executive Officer 14. The Town Municipal Council Gajendragada Gajendragada Taluk Gadag Dist - 582114 Represented by its Chief Executive Officer 15. The Town Municipal Council Nagamangala Nagamangala Taluk Mandya District- 571432 Represented by its Chief Executive Officer 16. The Town Municipal Council Vijayapura Devanahalli Taluk Bangalore Rural District - 562135 Represented by its Chief Executive Officer 17. The Town Municipal Council Sakaleshapura Sakaleshapura Taluk Hassan District - 573134 Represented by its Chief Executive Officer 18. The Town Municipal Council Mudabidri Mudabidri Taluk Dakshina Kannada Dist - 574227 Represented by its Chief Executive Officer.
... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16; R4 to R7, R10 to R14, R17 & R18 – served and unrepresented) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 09.10.2018 issued by R-1 at annexure-C or in the alternative notification dated 03.09.2018 issued by R-1 at annexure-A and etc.
W.P. No. 47385/2018 Between:
Smt. Prabhvathi J Shetty W/o. Jayanand Shetty, Aged About 62 Years, Councillor, Town Municipal Council, Kundapura, R/At Kodgi Compound-436-2, Kundapura, Udupi District-576 201. ... Petitioner (By Sri. Varun Jaykumar Patil, Advocate) And 1. State of Karnataka Urban Development Department, M.S. Building, Bangalore-560 001, Rep. By Its Secretary.
2. The Deputy Commissioner Yadgeri, Yadgeri District-585 201.
3. The Thasildar Also Returning Officer, Yadgeri, Yadgeri District-585 201.
4. The Town Municipal Council Kundapura, Kundapura Taluk, Udupi District-576 201, Represented by its Chief Executive Officer.
5. The Town Municipal Council Ron, Ron Taluk, Gadag District-582 209, Represented by its Chief Executive Officer.
6. The Town Municipal Council Karkala, Karkala Taluk, Udupi District-574 104, Represented by its Chief Executive Officer.
7. The Town Municipal Council Bantwal, Bantwal Taluk, Dakshina Kannada District-574 219, Represented by its Chief Executive Officer.
8. The Town Municipal Council Kurugoudu, Kurugoudu Taluk, Bellary District-583 116, Represented by its Chief Executive Officer.
9. The Town Municipal Council Channagiri, Channagiri Taluk, Davanagere District-577 213, Represented by its Chief Executive Officer.
10. The Town Municipal Council Gurumitkal, Gurumitkal Taluk, Yadgeri District-585 214, Represented by its Chief Executive Officer.
11. The Town Municipal Council Madhugeri, Madhugeri Taluk, Tumkur District-572 132, Represented by its Chief Executive Officer.
12. The Town Municipal Council Ramdurg, Ramdurg Taluk, Belagavi District-591 123, Represented by its Chief Executive Officer.
13. The Town Municipal Council Konappana Agrahara, Bangalore South Taluk, Bangalore District-560 100, Represented by its Chief Executive Officer.
14. The Town Municipal Council Gajendragada, Gajendragada Taluk, Gadag District-582 114, Represented by its Chief Executive Officer.
15. The Town Municipal Council Nagamangala, Nagamangala Taluk, Mandya District-571 432 Represented by its Chief Executive Officer.
16. The Town Municipal Council Vijayapura, Devanahalli Taluk, Bangalore Rural District-562 135, Represented by its Chief Executive Officer.
17. The Town Municipal Council Sakaleshapura, Sakaleshapura Taluk, Hassan District-573 134, Represented by its Chief Executive Officer.
18. The Town Municipal Council Mudabidri, Mudabidri Taluk, Dakshina Kannada District-574 227, Represented by its Chief Executive Officer.
19. The Town Municipal Council Jewargi Taluk, Kalaburgi District-585 310, Represented by its Chief Executive Officer.
20. The Town Municipal Council Hungund, Hungund Taluk, Bagalkot District-587 118, Represented by its Chief Executive Officer. ... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16; R4 to R8, R11 to R14, R17 & R18 – served and unrepresented) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 3.9.2018 issued by the R-1 at annex-A and notification dated 9.10.2018 issued by R-1 at annex-C;
W.P. Nos.47191-47200/2018 Between:
1. Sri Mehboob Hydarse Bagbam S/o Hydarse Bagbam Aged About 43 Years Councillor Town Panchayath Nalatwad R/At Bharpetgali Nalatwad - 586124 Taluq Muddebihal Vijapura District 2. Sri Kasim Sab Ali Sab Chilunkhoru S/o Ali Sab Chilunkhoru Aged About 65 Years Councillor Town Panchayath Nalatwad R/At Nagagowda Voni Nalatwad - 586124 Taluq Muddebihal Vijapura District 3. Sri Hanumanth Kanigere S/o Nilappa Kanigere Aged About 43 Years Councillor T own Panchayath Nalatwad R/At Peddarpette Nalatwad - 586124 Taluq Muddebihal Vijapura District 4. Smt Basalingamma Maski W/o Mallappa Maski Aged About 72 Years Councillor Town Panchayath Nalatwad R/At Deshmukh Street Nalatwad - 586124 Taluq Muddebihal Vijapura District 5. Sri Bheemavva Lakshmi Kshatri W/O Venkatesh Kshatri Aged About 44 Years Councillor Town Panchayath Nalatwad R/At Near Veereshwar College Nalatwad - 586124 Taluq Muddebihal Vijapura District 6. Smt Sangamma Ganganagouda W/O Mahantappa Ganganagouda Aged About 42 Years Councillor Town Panchayath Nalatwad R/At Vinayakanagar Nalatwad - 586124 Taluq Muddebihal Vijapura District 7. Sri Dastagirsab Hussainsa Areshankar S/O Hussainsa Areshankar Aged About 66 Years Councillor Town Panchayath Nalatwad R/At Mehboob Nagar Nalatwad - 586124 Taluq Muddebihal Vijapura District 8. Sri Hiremath Shivashankarayya S/O Basayya Aged About 52 Years Councillor Town Panchayath Nalatwad R/At Bharpetgali Nalatwad - 586124 Taluq Muddebihal Vijapura District 9. Smt Salma Begam Nadadal W/O Abdul Razzak Nadadal Aged About 34 Years Councillor Town Panchayath Nalatwad R/At Bharpetgali Nalatwad - 586124 Taluq Muddebihal Vijapura District 10. Sri Prithviraj S Nadagoudar S/O Somashekhar Aged About 34 Years Councilor Town Panchayath Naltwad R/At Nagagoudarvoni Nalatwad - 586124 Taluq Muddebihal Vijapura District. ... Petitioners (By Sri. Mahamad Tahir A, Advocate) And:
1. State of Karnataka Urban Development Department, M S Building Bangalore - 560001 Rep By Its Secretary 2. The Deputy Commissioner Bijapur Bijapur District - 586101 3. The Tasildar Also Returning Officer Muddebihal Bijapur Dist - 586212 4. The Town Panchayath Nalatwad Muddebihal Taluk Bijapur District - 586124 Represented By Its Chief Executive Officer 5. The Town Panchayath Molkalmuru Chitradurga District - 577535 Represented By Its Chief Executive Officer 6. The Town Panchayath Bilagi Taluk Bagalkot District- 571401 Represented By Its Chief Executive Officer 7. The Town Panchayath Kerur Kerur Taluk Bagalkot District 587206 Represented By Its Chief Executive Officer 8. Smt. Latha S Chalavadi W/o. Siddappa Chalavadi Age:38 years Occ: Member of Town Panchayath R/o. Ambedkar Nagar Nalatwad Tq: Muddebihal District: Vijayapur.
... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. B. S. Hadimani, Advocate for R5; Sri. Abhishek M. Patil, Advocate for R8; R6 – served) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 9.10.2018 issued by the R-1 at annex-C or in the alternative notification dated 3.9.2018 issued by R-1 at annex-A and etc.
W.P. Nos. 47202-47203/2018 Between:
1. Smt Pavitramma W/o Sharanappa Aged About 33 Years, Councillor Town Municipal Council Gurumitkal R/At Nannapur Gurumitkal-585214 2. Smt Bhiamamma W/o Magalappa Aged About 50 Years, Councillor Town Council Koppal R/at Harijanwada Gurumitkal-585 214. ... Petitioners (By Sri. Mohamad Tahir .A., Advocate) And:
1. State of Karnataka Urban Development Department, M.S. Building, Bangalore-560 001, Rep. by its Secretary.
2. The Deputy Commissioner Yadgeri, Yadgeri District-585 201.
3. The Thasildar Also Returning Officer, Yadgeri, Yadgeri District-585 201.
4. The Town Municipal Council Gurumitkal, Gurumitkal Taluk, Yadgeri Dist-585 214, Represented by its Chief Executive Officer.
5. The Town Municipal Council Ron, Ron Taluk, Gadag District-582 209, Represented by its Chief Executive Officer.
6. The Town Municipal Council Karkala, Karkala Taluk, Udupi District-574 104, Represented by its Chief Executive Officer.
7. The Town Municipal Council Bantwal, Bantwal Taluk, Dakshina Kannada District-574 219, Represented by its Chief Executive Officer.
8. The Town Municipal Council Kurugoudu, Kurugoudu Taluk, Bellary District-583 116, Represented by its Chief Executive Officer.
9. The Town Municipal Council Channagiri, Channagiri Taluk, Davanagere district-577 213, Represented by its Chief Executive Officer.
10. The Town Municipal Council Kundapur, Kundapur taluk, Udupi District-576 201, Represented by its Chief Executive Officer.
11. The Town Municipal Council Madhugeri, Madhugeri Taluk, Tumkur District-572 132, Represented by its Chief Executive Officer.
12. The Town Municipal Council Ramdurg, Ramdurg Taluk, Belagavi District-591 123, Represented by its Chief Executive Officer.
13. The Town Municipal Council Konappana Agrahara, Bangalore South Taluk, Bangalore District-560 100, Represented by its Chief Executive Officer.
14. The Town Municipal Council Gajendragada, Gajendragada Taluk, Gadag District-582 114, Represented by its Chief Executive Officer.
15. The Town Municipal Council Nagamangala, Nagamangala Taluk, Mandya District-571 432 Represented by its Chief Executive Officer.
16. The Town Municipal Council Vijayapura, Devanahalli Taluk, Bangalore Rural District-562 135, Represented by its Chief Executive Officer.
17. The Town Municipal Council Sakaleshapura, Sakaleshapura Taluk, Hassan District-573 134, Represented by its Chief Executive Officer.
18. The Town Municipal Council Mudabidri, Mudabidri Taluk, Dakshina Kannada District-574 227, Represented by its Chief Executive Officer.
19. The Town Municipal Council Jewargi Taluk, Kalaburgi District-585 310, Represented by its Chief Executive Officer.
20. The Town Municipal Council Hungund, Hungund Taluk, Bagalkot District-587 118, Represented by its Chief Executive Officer. ... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. M. Praddep , Advocate for R13; Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R8, R10 to R12, R14, R17, R18 to R20 – served) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash notification dated 9.10.2018 issued by the R-1 at annex-C or in the alternative notification dated 3.9.2018 issued by R-1 at annex-A and etc.
W.P. No.48518/2018 Between:
K Veerabadraiah S/o Late Krishnappa Aged about 48 Years Councilor CMC Challakere Chitradurga District -577 501. ... Petitioner (By Sri Nagarajappa A, Advocate.) And:
The State of Karnataka Represented By Its Secretary Government of Karnataka Urban Development Department M S Building Dr. Ambedkar Veedhi Bengaluru-560 001. ... Respondent (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the withdrawal notification dated 9.10.2018 at Sl.No.1 at annex-F issued by the respondent and also the notification dated 3.9.2018 reserving the office of the President SC Women at Sl.No.6 issued by respondent at annex-C and etc.
W.P. No.47996/2018 Between:
Sri. Arun M S/o M. Narayana Aged 45 years R/at Swamy Nivas School Road, Vittal Dakshina Kannada – 574 243. …. Petitioner (By Sri. Vinod Kumar M., Advocate) And 1. The State of Karnataka Represented by its Secretary Department of Urban Development Vikasa Soudha, Ambedkar Veedhi Bengaluru-560 001.
2. The Deputy Commissioner Dakshina Kannada District Mangalore – 576 001.
3. The Chief Officer Town Panchayat Vital, Dakshina Kannada District – 574 243 ... Respondents (By Sri. Dinesh Rao, Additional Advocate General a/w Smt. Prathima Honnapura, AGA for R1 & R2; Sri. Pundikai Ishwara Bhat, Advocate for R3) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned notification dated 3.9.2018 vide Annexure-C issued by the R-1 and etc.
These Writ Petitions coming on for Orders, this day, the Court, made the following:
ORDER The respondents have filed a memo stating that the issue involved in these petitions concern the notification dated 03.09.2018 pertaining to Town Panchayath, City Municipal Council, Town Municipalities which were the subject matter of Writ Petition Nos.105750-754/2018 and connected matters and also Writ Petition Nos.39966- 967/2018 which had been disposed of by this Court on 10.12.2018 and 09.10.2018 respectively. It is submitted that in view of the notification being applicable to the entire State and the same having been subject matter of the above mentioned writ petitions which had been disposed of, a fresh enquiry into the validity of the said notification would amount to judicial review in a piece meal manner and does not arise.
2. Learned counsel for the petitioners have pointed out that fresh contentions have been raised as regards the validity of the notification dated 03.09.2018 providing for reservation and rotation, which had not been placed before the Court and were not considered by this Court which had decided the earlier writ petitions.
3. Noticing that the notification dated 03.09.2018 covers the entire State and part of the notification relating to President and Vice-President of some of the Municipal bodies were subject matter of orders passed as referred to above, it would be inappropriate to consider the matters on hand.
4. Though various contentions are raised by the petitioners including a challenge to the permissibility of withdrawal vide notification dated 09.10.2018 of the second notification dated 06.09.2018 which modified the original notification dated 03.09.2018 which had provided for reservation of posts of President/Vice President across the State of Karnataka.
5. However, noticing that a challenge to the notification dated 03.09.2018 has already been the subject matter of writ petitions referred to above, without getting into the contentions on merits, the present writ petitions are disposed of in terms of the order dated 10.12.2018 passed in Writ Petition Nos.105750-754/2018 and connected matters as well as an order dated 09.10.2018 passed in Writ Petition Nos.39966-967/2018. It is made clear that there cannot be judicial review before this Court as regards the validity of the said notification as the same have already been dealt with in the above referred writ petitions. Accordingly, without entering into the merits of the contentions, the present matters are disposed of in terms of the orders referred to above.
6. It is observed that the challenge to the notification dated 09.10.2018 which withdrew the second notification would come into play only if the notification dated 03.09.2018 is not quashed in appeal. In view of disposal of the writ petitions, the petitioners are at liberty to raise the contention as regards the validity of order dated 09.10.2018 in the appeal if filed and found necessary. The learned Additional Advocate General points out that in view of the liberty granted by this Court, the petitioners cannot be permitted to seek for inconsistent pleas. The said question is also kept open.
Accordingly, writ petition is disposed of.
Sd/- JUDGE SN/-