GEETHA LAKSHMI Vs. INDIAN NATIONAL CONGRESS

JUDGEMENT

(1.) THE appellant herein is assailing the order dated 29.09.2011 passed by the learned Single Judge in W.P.No.22146/2011 (LB-ELE). By the said order, the learned Single Judge has dismissed the petition. THE consequence of such dismissal is that the order passed by the Deputy Commissioner dated 14.06.2011 disqualifying the appellant from the membership of the town Panchayath, Nagamangala, under Section 3(1)(a) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (for short the ?Act, 1987?) is upheld, though the learned Single Judge arrives at the conclusion that the disqualification under Section 3(1)(b) would not be attracted.

(2.) HEARD Sri Ravivarma Kumar, learned senior counsel for Sri Nagarajappa, learned counsel for the appellant and Sri S. Basavaraj, Sri B. Veerappa, Additional Government Advocate and Sri R. Kothwal, respective learned counsel for respondent Nos.1 to 3 and perused the appeal papers.

(3.) AT the outset, the learned senior counsel for the appellant has placed strong reliance on the judgment dated 04.11.2011 passed by this Bench in W.A.Nos.4539-4541/2011 and connected matters-B.C. Parthasarathy and Others ?vs- Deputy Commissioner and Others. The contention is that similar questions relating to the disqualification contemplated under Sections 3(1)(a) and (b) of the Act, 1987, arose for consideration and this Bench has taken the view that when there is issue of an invalid whip, the disqualification does not occur and as such, it is contended that the instant facts are covered by the said judgment on all fours.