Case Note & Summary
The judgment arises from two writ appeals filed under Section 4 of the Karnataka High Court Act, 1961, challenging a common order dated 09/04/2025 passed by a learned Single Judge in W.P. No. 107601/2024 and connected matters. The appellants, Altaf Kharori Mohiddin (Vice-President of Bhatkal Town Municipal Council) and Veena Bhoovi (Member of Annigeri Town Municipal Council), were disqualified by the Deputy Commissioner under Section 16(1A) of the Karnataka Municipalities Act, 1964 on the ground that they had voluntarily given up membership of the political party on whose ticket they were elected. The Single Judge dismissed their writ petitions, upholding the disqualification. In the appeals, the Division Bench examined whether the findings of fact recorded by the Deputy Commissioner were perverse or based on no evidence. The court noted that the Deputy Commissioner had considered the material on record, including the affidavits and statements of the appellants, and concluded that they had voluntarily given up membership of their party. The Division Bench held that the Single Judge had correctly appreciated the evidence and found no jurisdictional error or perversity in the impugned order. Consequently, the appeals were dismissed, confirming the disqualification of the appellants.
Headnote
A) Municipal Law - Disqualification for Defection - Section 16(1A) Karnataka Municipalities Act, 1964 - The appellants, elected as councillors on the ticket of a political party, were disqualified by the Deputy Commissioner for voluntarily giving up membership of that party. The Single Judge upheld the disqualification. The Division Bench held that the findings of fact recorded by the Deputy Commissioner and affirmed by the Single Judge were based on evidence and did not suffer from any perversity or jurisdictional error warranting interference in a writ appeal. (Paras 1-10)
B) Writ Appeal - Scope of Interference - Section 4 of the Karnataka High Court Act, 1961 - In an intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, the Division Bench will not re-appreciate evidence or substitute its own findings unless the findings of the Single Judge are perverse or based on no evidence. The court found no such infirmity in the impugned order. (Paras 8-10)
Issue of Consideration
Whether the learned Single Judge erred in dismissing the writ petitions challenging the disqualification of the appellants under Section 16(1A) of the Karnataka Municipalities Act, 1964 for allegedly defecting from the political party on whose ticket they were elected.
Final Decision
The Division Bench dismissed both writ appeals, confirming the order of the learned Single Judge and upholding the disqualification of the appellants under Section 16(1A) of the Karnataka Municipalities Act, 1964.
Law Points
- Disqualification for defection
- Section 16(1A) Karnataka Municipalities Act
- 1964
- Writ appeal against single judge order
- Scope of interference in intra-court appeal
- No perversity or jurisdictional error found
Case Details
2025 LawText (KAR) (07) 82
Writ Appeal No. 100259 of 2025 (LB-ELE) and Writ Appeal No. 100260 of 2025 (LB-ELE)
Justice R. Devdas, Justice K V Aravind
Sri. Santosh B. Malligawad (for appellant), Sri. Gangadhar J.M, Additional Advocate General for Sri. T. Hanumareddy, Additional Government Advocate for R1 to R4 and R6; Sri. Santosh B. Mane, Advocate for R5 (in W.A. 100259/2025); similar for W.A. 100260/2025
Altaf Kharori Mohiddin (in W.A. No. 100259/2025) and Veena W/o Satappa Bhoovi (in W.A. No. 100260/2025)
State of Karnataka and others (in both appeals)
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Nature of Litigation
Writ appeals against order of Single Judge dismissing writ petitions challenging disqualification of municipal councillors under Section 16(1A) of the Karnataka Municipalities Act, 1964.
Remedy Sought
The appellants sought to set aside the order of the learned Single Judge dated 09/04/2025 in W.P. No. 107601/2024 and connected matters, and to quash the notification dated 16.12.2024 passed by respondent No.3 (Deputy Commissioner) disqualifying them.
Filing Reason
The appellants were disqualified by the Deputy Commissioner under Section 16(1A) of the Karnataka Municipalities Act, 1964 for voluntarily giving up membership of the political party on whose ticket they were elected.
Previous Decisions
The learned Single Judge dismissed the writ petitions filed by the appellants challenging the disqualification, upholding the order of the Deputy Commissioner.
Issues
Whether the learned Single Judge erred in dismissing the writ petitions challenging the disqualification of the appellants under Section 16(1A) of the Karnataka Municipalities Act, 1964.
Whether the findings of fact recorded by the Deputy Commissioner and affirmed by the Single Judge suffer from perversity or jurisdictional error warranting interference in a writ appeal.
Submissions/Arguments
The appellants argued that the disqualification was not sustainable as they had not voluntarily given up membership of their party.
The respondents supported the order of the Single Judge, contending that the disqualification was based on evidence and was correctly upheld.
Ratio Decidendi
In an intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, the Division Bench will not re-appreciate evidence or substitute its own findings unless the findings of the Single Judge are perverse or based on no evidence. The court found no such infirmity in the impugned order and upheld the disqualification.
Judgment Excerpts
The Division Bench held that the findings of fact recorded by the Deputy Commissioner and affirmed by the Single Judge were based on evidence and did not suffer from any perversity or jurisdictional error warranting interference in a writ appeal.
Procedural History
The Deputy Commissioner passed an order dated 16.12.2024 disqualifying the appellants under Section 16(1A) of the Karnataka Municipalities Act, 1964. The appellants challenged the order by filing writ petitions before the High Court of Karnataka. The learned Single Judge dismissed the writ petitions on 09/04/2025. The appellants then filed the present writ appeals under Section 4 of the Karnataka High Court Act, 1961 before the Division Bench.
Acts & Sections
- Karnataka Municipalities Act, 1964: Section 16(1A)
- Karnataka High Court Act, 1961: Section 4
