Benefit Derived Prior to Election: Karnataka High Court Sets Aside Disqualification of Belagavi Councillors

The Karnataka High Court set aside the disqualification of two Belagavi Municipal Corporation councillors accused of failing to disclose that their wives had won leasehold rights in a Public Works Department land auction.

The Court held that the auction took place in 2020, before the councillors were elected in 2021, and therefore no benefit was derived after assuming office.

Interpreting Section 26(1)(k) of the Karnataka Municipal Corporations Act, the Court observed that disqualification applies only when a councillor gains a direct or indirect benefit during or after holding office.

Since the alleged benefit predated the election, misuse of official position could not be inferred. The disqualification orders were accordingly quashed.

[Shri Jayant Jadhav & Anr. v. Principal Secretary & Ors.]