H S DEVARAJ Vs. STATE ELECTION COMMISSIONER BANGALORE

JUDGEMENT

(1.) IN this Petition for a writ of certiorari, the petitioners have called in question the validity of an order made by the State Election Commissioner under S. 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 disqualifying the petitioners from the membership of the Zilla Panchayat, Mysore District on the ground of defection contrary to S. 3 (1) (b) of the said Act.

(2.) ). The complaint filed against the petitioners alleged that a meeting of the Mysore District Janata Dal was convened on 12th of December 1998 at Mysore, in which apart from the Zilla Panchayat members of the Janata Dal, Sri Siddaramaiah, the then Deputy Chief Minister of the State, other Ministers, M. L. As. , and M. L. Cs. , also participated. The meeting was, according to the complaint, convened to nominate candidates for the post of President and Vice President of the Zilla Panchayat for which elections were scheduled to be held on 14-12-1998. The complaint further stated that after discussion the decision to nominate the candidates for the two posts was left to Sri Siddaramaiah and the Janata Dal members of the Zilla Panchayat asked to present themselves in the meeting at 9 in the morning on 14th of December 1998 to receive a party whip to be issued by the District President of the party in favour of those nominated by the party. The complaint went on to state that all the Zilla Panchayat members belonging to the Janata Dal party except the petitioners attended the meeting on the 14th of December 1998 at 9 am. and received the whip issued by the District President. The whip was thereafter served upon the petitioners individually, which they refused to acknowledge. The result was that out of a total of 27 members belonging to the Janata Dal, only 20 voted for the party nominees viz. Smt. K. R. Jayalakshmi and K. C. Balaram while the remaining seven-petitioners herein, voted for the other candidates in defiance of the whip leading to the defeat of the candidates set up by the party. The refusal of the petitioners to accept and act in accordance with the whip issued to them was, according to the complainant, sufficient for their disqualification from the membership of the Panchayat.

(3.) IN the objections filed by the petitioners, the meeting held on 12th of December 1998 was described as a dinner party hosted by the Deputy Chief Minister, in which no discussion regarding the selection of the party candidates had, according to the petitioners taken place. That Sri Siddaramaiah was authorised to select the party candidates was also denied. The minutes of the meeting held on 12th of December 1998 were dubbed as a concoction although the signature of the petitioners on a sheet of paper accompanying the minutes in token of their being present were not disputed. According to the petitioners, no official candidate having been selected till the date of Election on 14th of December 1998 and no whip having been received by them from he party, they voted according to their conscience.