Case Note & Summary
The writ appeal arose from the dismissal of W.P.No.202910/2025 by the learned Single Judge of the High Court of Karnataka, which had been filed by 23 councillors of the Raichur City Municipal Council (CMC). The councillors were elected in September 2018, with the first meeting held on 02.11.2020 and the initial thirty-month tenure of President and Vice-President ending on 11.05.2023. Due to delays in publishing reservation roster for the second tenure and subsequent litigation, an Administrator was appointed from 11.05.2023 to 27.08.2024. After the Administrator's tenure, elections were held on 28.08.2024. On 04.12.2024, the State Government declared the Raichur city municipal area as a larger urban area, converting the CMC into the Raichur Municipal Corporation under Section 503 of the Karnataka Municipal Corporation Act, 1976. The Karnataka State Election Commission later fixed 02.11.2025 as the last date of the council's tenure, and the Urban Development Department directed elections by that date. The councillors, aggrieved that the Administrator period was not excluded from their five-year term, submitted a representation and subsequently filed the writ petition, challenging the communications determining the tenure end date and seeking a declaration that the Administrator period should not count against their tenure. During the pendency, the Government appointed an Administrator under Section 509 of the KMC Act with effect from 03.11.2025. The Single Judge dismissed the petition on 26.02.2026 and directed the Election Commission to conduct elections within six months of the Administrator's appointment. In appeal, the councillors contended that the Single Judge did not properly consider the provisions of Section 503 of the KMC Act, which provides for the continuation of the municipal body as a corporation until a new one is duly constituted. The Division Bench heard arguments on 27.03.2026 and pronounced judgment on 28.04.2026. The provided text does not contain the operative part of the Division Bench's decision.
Headnote
A) Constitutional Law - Duration of Municipalities - Article 243-U, Constitution of India - Sections 503, 509, Karnataka Municipal Corporation Act, 1976; Sections 18, 315, Karnataka Municipalities Act, 1964 - The petitioners, elected councillors of Raichur City Municipal Council, argued that the five-year tenure under Article 243-U should exclude the period when an Administrator was appointed due to litigation over reservation for President/Vice-President posts, relying on Section 503 of the KMC Act for continuity. The Single Judge dismissed the writ petition, directing elections within six months of Administrator appointment. The Division Bench reserved judgment, and the appeal challenges the correctness of the Single Judge's order. (Paras 1-12) B) Administrative Law - Appointment of Administrator - Section 509, Karnataka Municipal Corporation Act, 1976 - The State Government's notification dated 15.11.2025 appointing an Administrator for the newly declared Raichur Municipal Corporation was challenged as violative of the councillors' tenure rights. The Single Judge dismissed the challenge, and the appeal against that order is pending. (Paras 8-12)
Issue of Consideration
Whether the period of Administrator's rule (11.05.2023 to 27.08.2024) should be excluded from the five-year tenure of the Raichur City Municipal Council; whether the notification converting the Council into a Municipal Corporation under Section 503 of the KMC Act entitles the elected councillors to continue until a new Corporation is constituted; and whether the appointment of Administrator and fixing of 02.11.2025 as the last date of tenure are valid.
Law Points
- Tenure of municipal councillors
- Section 503
- Karnataka Municipal Corporation Act
- 1976
- Article 243-U
- Constitution of India
- Exclusion of Administrator period
- Conversion of municipality to municipal corporation
- Validity of Administrator appointment under Section 509
- KMC Act
