Case Note & Summary
The matter comprised two writ petitions. W.P. No. 101601/2025 was filed by elected councillors of Gadag-Betageri City Municipal Council challenging their removal from the post of councillors by the Regional Commissioner under Section 41 of the Karnataka Municipalities Act, 1964. W.P. No. 105810/2025 was filed by members of the council challenging the appointment of an Administrator to the council under Section 315 of the Act. In the first petition, the councillors alleged that a resolution regarding extension of lease of properties was fabricated by the Commissioner, leading to an FIR and subsequent show cause notice. The Regional Commissioner issued a notice under Section 41(1) and later, without granting sufficient time or conducting a proper enquiry, passed an order of removal on 13.02.2025. This order was set aside by the High Court in an earlier writ petition with liberty to submit reply, but a subsequent removal order dated 27.02.2025 was passed without following the directions of the Division Bench or the principles laid down in Ravi Yashwant Bhoir v. District Collector. The petitioners contended that no reasonable opportunity of hearing was given and no full enquiry was held. In the second petition, it was argued that the Administrator was appointed despite the elected body's term not having expired and without any dissolution or supersession, rendering the notification illegal. The court examined the procedural lapses and the requirement of natural justice under Section 41 and the legality of the administrator's appointment under Section 315.
Headnote
A) Municipal Law - Removal of Councillors - Section 41 Karnataka Municipalities Act, 1964 - Natural Justice - Petitioners challenged removal order dated 27.02.2025 on grounds of lack of proper enquiry and denial of reasonable opportunity - Argued that guidelines in Ravi Yashwant Bhoir case not followed and Division Bench observations not complied with - Held that removal order was passed in haste without meaningful consideration of replies (Paras 9-21). B) Municipal Law - Appointment of Administrator - Section 315 Karnataka Municipalities Act, 1964 - Validity of Notification - Petitioners contended that statutory pre-conditions for appointing Administrator were not satisfied as there was no dissolution or valid supersession of municipal body and mandatory safeguards were not followed - Held that exercise of power under Section 315 was without jurisdiction and arbitrary (Paras 3-8).
Issue of Consideration
Whether the impugned order removing the petitioners from the post of councillors under Section 41 of the Karnataka Municipalities Act, 1964 and the notification appointing an Administrator under Section 315 of the Act are valid and in accordance with law
Law Points
- Removal of elected councillors under Section 41 of Karnataka Municipalities Act requires proper enquiry
- opportunity of hearing
- adherence to principles of natural justice
- guidelines in Ravi Yashwant Bhoir v. District Collector
