H P SATISH KUMAR Vs. DEPUTY COMMISSIONER MYSORE

JUDGEMENT

(1.) These appeals are filed by the unsuccessful Petitioners in W.P. Nos. 7698-7701/2010 being aggrieved by the order dated 11-3-2010 wherein the learned Single Judge has declined to interfere with the order passed by the Deputy Commissioner, Mysore District wherein in the enquiry for disqualification Under Section 4(2) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1967 (hereinafter called the 'Act'), I.A.III filed by the complainants to withdraw the complaint has been rejected and the Deputy Commissioner has ordered issue of summons to the witnesses.

(2.) The Appellants herein filed writ petitions being aggrieved by the order rejecting I.A.III which was filed by the complainants for withdrawal of the complaint wherein they had alleged that writ Petitioners were disqualified under the provisions of Section 4(2) of the Act. When the matter was pending before the Deputy Commissioner the competent authority under the Act, an application was filed seeking withdrawal of the complaint and to drop the proceedings which was rejected by the Deputy Commissioner by detailed order dated 19-2-2010 by holding that once the complaint has been filed alleging defection Under Section 4(2) of the Act, the question of withdrawing the complaint and dropping the proceedings on the application filed by the applicants does not arise and it is for him to decide as to whether the persons against whom the complaint has been given have intact incurred defection or not. In the writ petitions, the Appellants herein contended that the matter before the Deputy Commissioner regarding defection under the Act is not quasi criminal and the complainants can withdraw the complaint and seek dropping of the proceedings.

(3.) The learned Single Judge negatived the contention of the learned Counsel appearing for the Petitioners and held that since the matter is now posted for evidence, if the Petitioners are aggrieved by the final order, it is open for them to question the order impugned along with the final order and reserving such liberty, writ petitions were rejected. Being aggrieved by the said order dated 11-3-2010, these appeals are filed by the Petitioners.