Dismissed¶48

Sri Chandregowda M v. Sri S Dyavegowda

Karnataka HC6 Jan 2026WA/1702/2025

Case brief

AI extract

What is this about?

Karnataka High Court (DB, D K Singh & S Rachaiah, JJ.) writ appeal dismissed as infructuous; defection disqualification of municipal councillor; Karnataka Local Authorities (Prohibition of Defection) Act, 1987 S.3(1)(b); no-confidence motion; President Hassan City Municipal Council; Regional Commissioner and Competent Authority Mysuru; Case No.RCM-ELN/01/2025; term of council expired 29.10.2025; Administrator appointed 15.11.2025; earlier disqualification no bar to contesting fresh election; pending applications disposed.

What did the court decide?

Writ appeal dismissed as infructuous; clarified that the earlier disqualification will not debar the appellant from contesting the fresh election; pending applications disposed of. ¶48

Sri Chandregowda M Vs Sri S Dyavegowda — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed as infructuous; clarified that the earlier disqualification will not debar the appellant from contesting the fresh election; pending applications disposed of.

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Issue for consideration

Whether the order dated 14.08.2025 of the Regional Commissioner and Competent Authority, Mysuru disqualifying the appellant from the post of Councillor under Section 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 could be sustained. +1 more

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Ratio / Principle

Since the term of the Municipal Council came to an end on 29.10.2025 and an Administrator was appointed vide order dated 15.11.2025, nothing survives in this appeal to be adjudicated.

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Key takeaways

The writ appeal stands dismissed as having rendered infructuous.ratio¶48
Clarified that the earlier disqualification earned by the appellant/petitioner will not come in his way for contesting the fresh election, if he so desires.ratio¶46
All pending applications stand disposed of.ratio

Detailed headnote1 paragraphs

Defection disqualification — Writ Appeal (LB-ELE) under Section 4 of the Karnataka High Court Act against the Single Judge's order dated 19.09.2025 in W.P.No.25412/2025, whereby the disqualification of the appellant (then President of Hassan City Municipal Council) by order dated 14.08.2025 of the Regional Commissioner and Competent Authority, Mysuru in Case No.RCM-ELN/01/2025, under Section 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 — for not voting in favour of a no-confidence motion as directed by his political party — fell for challenge. Held (oral judgment, Per D K Singh, J.; S Rachaiah, J. concurring): the term of the Municipal Council ended on 29.10.2025 and an Administrator was appointed vide order dated 15.11.2025; therefore nothing survives in the appeal, which is dismissed as rendered infructuous. Clarified that the earlier disqualification will not come in the appellant's way for contesting the fresh election, if he so desires. All pending applications disposed of. The merits of the disqualification under S.3(1)(b) were not decided.

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NC: 2026:KHC:554-DB WA No. 1702 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1702 OF 2025 (LB-ELE)

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BETWEEN:

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SRI CHANDREGOWDA M SON OF LATE MYLAREGOWDA, AGED ABOUT 57 YEARS,

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PRESIDENT, HASSAN MUNICIPAL COUNCIL AND MAYOR,

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THE CORPORATION OF THE CITY OF HASSAN, (NOW DISQUALIFIED) HASSAN 573 201.

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RESIDING AT DOOR NO.5142/1, 4TH CROSS, RAVINDRA NAGARA, HASSAN-573201.

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…APPELLANT

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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(BY SRI. SHRIKARA P K., ADVOCATE)

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AND:

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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.

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SRI K.S. LINGESH SON OF SOMASHEKARAPPA AGE NOT KNOWN, MAJOR,

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NC: 2026:KHC:554-DB WA No. 1702 of 2025

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HC-KAR

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DISTRICT PRESIDENT JD (S) POLITICAL PARTY, HASSAN DISTRICT RESIDING AT KARIKATTEHALLI CHATCHATTIHALLI POST HALEBEEDU HOBLI BELUR TALUK HASSAN DISTRICT

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THE COMMISSIONER HASSAN METROPOLITAN CORPORATION HASSAN DISTRICT, HASSAN 573 201.

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THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN 573 201.

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THE REGIONAL COMMISSIONER AND COMPETENT AUTHORITY, MYSURU DIVISION, MYSURU.

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001.

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…RESPONDENTS

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(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)

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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.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:554-DB WA No. 1702 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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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.

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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

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of Councillor in Hassan City Municipal Council in view of Section 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.

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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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NC: 2026:KHC:554-DB WA No. 1702 of 2025

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HC-KAR

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As the term of the Municipal Council has got

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over on 29.10.2025, the Administrator has been appointed

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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.

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