[Cites 12, Cited by 0]
Karnataka High Court
Shri Jayant Jadhav S/O Balkrishna ... vs Regional Commissioner on 19 February, 2026
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WP No. 106744 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF FEBRUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 106744 OF 2025 (LB-RES)
BETWEEN:
1. SHRI. JAYANT JADHAV S/O BALKRISHNA JADHAV,
AGE: 39 YEARS, R/O: H.NO. 52,
HOSUR BASAVANAGAR, BELAGAVI- 590 006.
2. SHRI. MANGESH PAWAR S/O NARAYAN PAWAR,
AGE: 51 YEARS, R/O: NO. 447,
NAZAR CAMP, 3RD CROSS,
VADAGAON, BELAGAVI- 590 005.
...PETITIONERS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND:
1. REGIONAL COMMISSIONER,
BELAGAVI DIVISION, COURT COMPOUND,
BELAGAVI- 590 002.
2. DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, COURT COMPOUND,
MANJANNA BELAGAVI- 590 002.
E
3. COMMISSIONER,
Digitally signed by
MANJANNA E
BELAGAVI CITY CORPORATION, SUBHASH NAGAR,
Location: HIGH COURT
OF KARNATAKA BELAGAVI- 590 016.
DHARWAD BENCH
Date: 2026.02.23 11:01:12
+0530
4. SHRI. RAJKUMAR TOPANNAVAR,
FATHERS NAME NOT KNOWN
AGED: MAJOR, R/AT: BELAGAVI- 590 010,
"SKANDA", 4857/65/4, LAST BUS STOP,
SADASHIVANAGAR, BELAGAVI- 590 010.
...RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 & R2,
SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R3,
SRI. NITIN R. BOLABANDI, ADVOCATE FOR R4)
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WP No. 106744 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA IS PRAYING TO, A) ISSUE A WRIT OF
CERTIORARI QUASHING THE SHOW CAUSE NOTICE DATED
26.08.2025 BEARING NO. PRAABE/K.M.C/VIVA 08/2025-26 ISSUED TO
PETITIONER NO. 1 AT ANNEXURE-A, ISSUED BY RESPONDENT NO. 1
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER/JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
The petitioners, who are elected Councillors of the
Belagavi City Corporation, have called in question the show-
cause notices dated 26.08.2025 (Annexures-A and A1)
issued by respondent No.1-the Regional Commissioner
under Section 19 of the Karnataka Municipal Corporations
Act, 1976 ('the KMC Act' for short), alleging non-disclosure
of assets and proposing action of disqualification.
Brief facts:
2. A complaint was lodged alleging that the
petitioners failed to disclose certain properties in their
declaration of assets as required under Section 19 (1) of the
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KMC Act. Acting upon the said complaint, the Commissioner
forwarded the matter to the Regional Commissioner, who
issued the impugned show-cause notices proposing action
under Section 19 (2) of the KMC Act.
3. Learned counsel for the petitioners submits that
the Commissioner is neither a member of the corporation
nor competent under the statutory scheme to initiate such
proceedings, and that the impugned notices are without
jurisdiction. Learned counsel submits that under Section 7
of the KMC Act, the Corporation consists of elected
Councillors. Under Section 14, the Commissioner is an
Executive Officer appointed by the Government and is not a
member of the Corporation. He further submits that under
Section 19 (1), every Councilor shall file a declaration of
assets and under Section 19 (2) of the KMC Act, failure to
file and filing of a false declaration results in cessation of
office and under Section 19(3) of the KMC Act, any question
as to whether such disqualification has occurred shall be
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decided by the Government upon a reference made by the
Corporation. It is contended that the Commissioner has no
statutory authority to initiate or refer disqualification
proceedings and that only the deliberative body of the
corporation can make a reference under Section 19 (3) of
the KMC Act and therefore, the impugned show-cause
notices issued at the instant of the Commissioner is without
jurisdiction.
4. Per contra, learned counsel appearing for the
respondents would contend that Section 19 of the KMC Act
has been enacted to ensure probity, transparency and
accountability in public life. The provision mandates strict
compliance with disclosure requirements, and non-
disclosure strikes at the very root of clean governance. It is
contended that Section 19 (2) of the KMC Act clearly
provides that if a Councillor fails to file the declaration
within the stipulated time or files a declaration which is false
or incorrect, he 'shall cease to be a Councillor'. The
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language being mandatory, cessation is automatic and does
not depend upon prior adjudication. It is contended that
when a complaint is received regarding non-disclosure or
false disclosure, the Commissioner being the Chief
Executive Authority of the Corporation under Section 14 is
duty bound to examine the matter and take necessary steps
and the Commissioner cannot be a silent spectator when
statutory violations are brought to his notice. He further
submits that the Regional Commissioner acts as a delegate
to State Government in matters concerning disqualification
and therefore, issuance of show-cause notices is only a
preliminary step to ascertain facts before the final decision
is taken. It is submitted that the issue concerned public
accountability of elected representatives and the Courts
should not interfere at the preliminary stage when statutory
process has been initiated in furtherance of public interest.
It is contended that the Commissioner, being the
administrative head, is competent to place material before
the appropriate authority and call for explanation. The
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impugned notice is only a show-cause notice and not a final
order of disqualification.
5. This Court has carefully considered the
submissions and perused the material record.
6. The points that arise for consideration are:
"i. Whether the Commissioner is competent to initiate
proceedings by issuing a show-cause notice in respect of
an alleged disqualification under Section 19 of the KMC
Act?
ii. Whether cessation of councillorship under Section
19(2) is automatic or whether a determination by State
Government under Section 19 (3), upon reference made by
the Corporation is mandatory, where a question arises
regarding such cessation?
7. Section 19 of the KMC Act reads as under:
19. Declaration of assets etc.-(1)
Every councillor 1[referred to in clause (a) of
sub-section (1) of Section 7] shall, not later
than one month after the commencement of
his term of office and in the same month of
each succeeding year, file with the Mayor a
declaration of all assets owned by him and
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any member of his family. Such declaration
shall form part of the Corporation records.
(2) If any Councillor fails to file the
declaration referred to in sub-section (1) or
files the same knowing it to be false or
incorrect he shall cease to be a Councillor.
(3) Any question whether
disqualification under sub-section (2) has
occurred shall be decided, on reference made
by the Corporation, by Government and the
decision of Government thereon, shall be final.
8. A plain reading of Section 19 of the KMC Act
makes the statutory scheme unambiguous. Sub-section 1
requires every Councillor to file a declaration of assets with
the Mayor. Sub-section 2 provides that upon failure to file
such a declaration or upon filing a declaration which is false
or incorrect, the Councillor shall cease to hold office.
However, sub-section 3 expressly stipulates that any
question as to whether such cessation has occurred shall be
decided by the Government on a reference made by the
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Corporation, and the decision of the Government shall be
final.
9. The statutory mechanism is further clarified by
Rule 77 of the Karnataka Municipal Corporations (Procedure
for the Conduct of Business of the Corporation and
Committees) Rules, 1998 ('1998 Rules' for short), which
specifically provides that the Mayor shall cause the
information regarding the failure of any Councillor to file
declaration of assets under Section 19 to be placed before
the House for reference to the Government under Section
19 (3).
10. The term corporation refers to the body
corporate consisting of elected Councillors. Section 14 of
the KMC Act provides for appointment of a Commissioner by
the State Government. Section 14 reads as under:
"14. Commissioner and his term of office,
etc.- (1) The Commissioner shall be appointed by
the Government after consultation with the Mayor.
He shall not be a member of the corporation and he
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shall, subject to the pleasure of the Government,
ordinarily hold office for a period of two years.
(2) Notwithstanding anything in sub-section
(1), the Commissioner shall be removed from office
whenever the corporation so resolves by a majority
of not less than two-thirds of its members."
(Emphasis supplied)
11. In Section 7, the term 'Corporation' consists of
the elected Councilor and not the Commissioner appointed
under Section 14. The Commissioner is an executive officer
of the Corporation and is neither a member of the
Corporation nor vested with adjudicatory powers under
Section 19. Thus, the statutory scheme contemplates two
stage processes. (i) The Corporation must consider the
matter and make a reference and (ii) The State
Government alone is the competent authority to adjudicate
upon the question of cessation.
12. In the absence of a reference by a corporation,
initiation of proceedings by the Commissioner or issuance of
show-cause notices at his instance is de hors the statutory
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framework and without jurisdiction. While Section 19 (2)
issues the expression 'shall cease' the presence of Section
19 (3) makes it clear that whenever a question arises as to
such cessation, adjudication by the Government upon a
reference is mandatory. The cessation is not self-executing
in disputed situations and it must follow the statutory
procedure.
13. This Court hastens to clarify that the object of
Section 19 is to ensure probity, transparency and
accountability in local self governance. This Court is not
condoning any act of non-disclosure. However, even in
matters involving probity in public life, the procedure
prescribed by statute must be strictly adhered to. When a
statute prescribes a particular manner of doing a thing, it
must be done in that manner alone. Accordingly, this Court
holds that the Commissioner is not the competent authority
to initiate or adjudicate proceedings under Section 19. The
appropriate authority to decide the question of cessation is
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the State Government under Section 19 (3) of the KMC Act,
upon a valid reference by the Corporation, which, as stated
supra, consists of the body of Corporators comprising the
elected Councillors. The impugned show-cause notices
being issued by the Regional Commissioner is without
following the statutory procedure and is without jurisdiction.
14. For the foregoing reasons, the point framed for
consideration is answered and this Court pass the following:
ORDER
i. The writ petition is allowed-in-part.
ii. The impugned show-cause notices dated
26.08.2025 (Annexures-A and A1) issued by the
Regional Commissioner at the instance of the
Commissioner are hereby quashed on the
ground of lack of jurisdiction.
iii. It is held that the Commissioner, being an
executive authority under Section 14 of the KMC
Act is not a competent authority to initiate or
adjudicate proceedings under Section 19 of the
KMC Act.
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iv. It is clarified that the appropriate authority to
decide any question of cessation under Section
19 (2) is the State Government under Section 19
(3), upon a valid reference made by the
Corporation.
v. It is open to the Corporation if it deems it
appropriate to place the matter before the House
and take action strictly in accordance with
Section 19 (3) of the Act and Rule 77 of the
1998, Rules.
vi. It is made clear that this Court has not expressed
any opinion on the merits of the allegation
relating to non-disclosure of assets. The
statutory authorities are at liberty to proceed in
accordance with law.
Sd/-
JUSTICE K.S.HEMALEKHA
MBM
List No.: 1 Sl No.: 37
