BELAGAVI: The High Court of Karnataka has set aside the disqualification of BJP corporators Mangesh Pawar (mayor) and Jayant Jadhav by the state government, terming the action against them legally untenable. This verdict in the Belagavi Khau Katta shop allotment case is likely to have a far-reaching political implications here.
Pawar and Jadhav, the petitioners, challenged the order of disqualification under Section 26(1)(K) of the Karnataka Municipal Corporation Act, 1976, passed by the principal secretary, Department of Urban Development and Appellate Authority, Bengaluru.
The authority had upheld the order of the regional commissioner of Belagavi Division disqualifying the petitioners as corporators. They were disqualified on charges of misusing their position as corporators and getting shops allotted to them at Khau Katta through auction.
The counsel for the petitioners contended that elections to the Belagavi City Corporation Council were held on September 3, 2021 and results were declared on September 6, 2021. The petitioners took oath as corporators on February 6, 2023.
However, the auction to allot shops at Khau Katta was held in 2020. The court held that the petitioners were elected to the Council in 2021 and the auction to allot shops was held in 2020. Hence, there is no question of the petitioners misusing their position to get the shops allotted in their names. This will not attract disqualification under Section 26(1)(K) of the Karnataka Municipal Corporation, Act 1976.