HOLEPPA KRUSHNAPPA CHIKKUR Vs. CHIEF SECRETARY ZILLA PARISHAD BELGAUMKARNATAKA LOCAL AUTHORITY PROHIBITION OF DEFECTION

JUDGEMENT

(1.) The petitioners, in the election held on 27-1-1987, got elected as members of the Hoskote Mandal Panchayath, Ramdurg Taluk, Belgaum District. The petitioners and several other members who were elected on Janatha Ticket were served with Party Whips give by the President of the District Janatha Party directing the members of the Mandal Panchayath, including the petitioners, to vote in favour of the Party candidates for the posts of Pradhan and Upa-Pradhan in the election meeting held on 22- 4-1987.

(2.) According to respondent-3 herein, who had stood for election for the office of Pradhan, inspite of such Party Whips, the petitioner No. 1 remained absent intentionally from the meeting and the petitioners 2 and 3 had voted against the Party candidates. Accordingly election resulted in defeating the Party candidates, to which the petitioners belong.

(3.) Hence, respondent-3 lodged a complaint before the Chief Secretary of the Zilla Parishad of Belgaum District, requesting him to disqualify the petitioners from being continuing as members of the Mandal Panchayath as required under Section 4(3) of the Karnataka Local Authority (Prohibition of Defection) Act, 1987 (for short 'the Act'), as the petitioners had violated the Parly Whips.