Government alone can adjudicate on councillor's disqualification over asset declaration: Karnataka High Court

Bengaluru: The high court has said that under the provisions of Karnataka Municipal Corporations (KMC) Act, the state government alone is the competent authority to adjudicate the question of disqualification under section 19 for non-filing or false submission of assets by a councillor.

“It is held that the Commissioner, being an executive authority under Section 14 of the KMC Act, is not a competent authority to initiate or adjudicate proceedings under Section 19 of the KMC Act,” Justice KS Hemalekha said while partly allowing the petition filed by two councillors of Belagavi city corporation.

The petitioners Jayant Jadhav and Nagesh Pawar challenged the August 26, 2025, show cause notice issued by the Regional Commissioner under section 19 of the KMC Act. Section 19 stipulates that every councillor shall file a declaration of assets and failure to file and filing of a false declaration result in cessation of office and under section 19(3). The show cause notice was issued based on a complaint against the petitioners that they failed to disclose certain properties in their declaration of assets.

The petitioners contended that under section 7, the corporation consists of elected councillors while the Commissioner is an executive officer appointed by the government under section 14. Thus, he is not a member of the corporation, the petitioners contended while arguing that the question of disqualification shall be decided by the government upon a reference made by the corporation. On the other hand, the authorities contended that the commissioner, being the administrative head, is competent to place material before the appropriate authority and call for explanation.

After perusing the provisions, the court noted that section 19 (3) expressly stipulates that any question of disqualification shall be decided by the government on a reference made by the corporation, and the decision of the government shall be final. Rule 77 of the Karnataka Municipal Corporations (Procedure for the Conduct of Business of the Corporation and Committees) Rules provides that the mayor shall cause the information regarding the failure of any Councillor to file declaration of assets to be placed before the house for reference to the government.

The court further said, “This Court hastens to clarify that the object of Section 19 is to ensure probity, transparency and accountability in local self-governance. This Court is not condoning any act of non-disclosure. However, even in matters involving probity in public life, the procedure prescribed by statute must be strictly adhered to. When a statute prescribes a particular manner of doing a thing, it must be done in that manner alone. Accordingly, this Court holds that the Commissioner is not the competent authority to initiate or adjudicate proceedings under Section 19,” Justice Hemalekha said. The court said it is open to the corporation, if it deems it appropriate, to place the matter before the house and act in accordance with section 19 (3) and Rule 77.