The Karnataka High Court has set aside the disqualification of BJP corporators Mangesh Pawar, who is also the mayor, and Jayant Jadhav by the State government, holding that the action was legally unsustainable. The ruling in the Belagavi Khau Katta shop allotment case is expected to have significant political implications in the region.
Pawar and Jadhav had challenged the disqualification order issued under Section 26(1)(K) of the Karnataka Municipal Corporation Act, 1976, by the principal secretary of the Department of Urban Development and the appellate authority in Bengaluru.
The appellate authority had earlier upheld the decision of the regional commissioner of the Belagavi Division, which disqualified the two as corporators. The disqualification was based on allegations that they misused their official positions to secure shop allotments at Khau Katta through an auction process.
Counsel appearing for the petitioners informed the court that elections to the Belagavi City Corporation Council were conducted on September 3, 2021, with results announced on September 6, 2021. The petitioners took oath as corporators on February 6, 2023.
However, the court noted that the auction for allotment of shops at Khau Katta had taken place in 2020, prior to their election to the council. Therefore, the court held that there was no scope for misuse of office by the petitioners in securing the shops. As such, the provisions of Section 26(1)(K) of the Karnataka Municipal Corporation Act, 1976, were not attracted in this case.
