Karnataka High Court
Sri Chandregowda M vs Sri S Dyavegowda on 2 September, 2025
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WA No. 1455 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1455 OF 2025 (LB-ELE)
BETWEEN:
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.51421/1,
4TH CROSS, RAVINDRA NAGARA,
HASSAN - 573 201.
...APPELLANT
Digitally (BY SRI. SHRIKARA P.K, ADVOCATE)
signed by
SUMATHY
KANNAN AND:
Location:
High Court of 1.
Karnataka SRI. S. DYAVEGOWDA
S/O LATE SUBBEGOWDA,
AGED ABOUT 67 YEARS,
TALUK PRESIDENT,
JD (S) POLITICAL PARTY,
HASSAN DISTRICT.
R/AT ROOM NO.6,
VOKKALIGARA HOSTEL BUILDING,
B.M. ROAD, HASSAN - 573 201.
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WA No. 1455 of 2025
HC-KAR
2. SRI. K.S. LINGESH
S/O SOMASHEKARAPPA,
AGE NOT KNOWN, MAJOR,
DISTRICT PRESIDENT,
JD(S) POLITICAL PARTY,
HASSAN DISTRICT,
R/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. K.S. HARISH G.A. FOR R4 AND R6)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO PASS AN ORDER SETTING
ASIDE THE ORDER DATED 23.08.2025 PASSED BY THE
LEARNED SINGLE JUDGE IN WP No-25412/2025 AND
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WA No. 1455 of 2025
HC-KAR
CONSEQUENTLY PASS AN ORDER ALLOWING THE INTERIM
RELIEF SOUGHT IN WP IN THE ORDER DATED 14.08.2025
PASSED BY THE RESPONDENT No-5 IN THE CASE BEARING
No.RCM-ELN/01/2025 DISQUALIFYING THE APPELLANT FROM
THE POST OF COUNCILLOR OF HASSAN METROPOLITAN
CORPORATION BY ALLOWING THE INSTANT WRIT APPEAL IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an
order dated 23.08.2025 [impugned order] whereby the notice
was issued on the writ petition and the writ petition was directed to
be listed after two weeks. The appellant is aggrieved by non-grant
of any ad-interim orders as sought for, at the initial stage.
2. Considering that the petition is now directed to be listed by
08.09.2025, we do not consider it apposite to entertain the present
NC: 2025:KHC:34398-DB
HC-KAR
petition. We however direct that the writ petition be listed before the
learned Single Judge on 08.09.2025, that is after a period of two
weeks as directed in terms of the impugned order. It would also
be open for the appellant to seek prayers of interim relief.
3. The appeal is disposed of in the aforesaid terms.
4. Pending application also stands disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
YN
CT: BHK
