BYRAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) These appeals are directed against an order dated 09.12.2009 passed by learned Single Judge in W.P.Nos.19299-311/2009 (reported in : BYRAPPA S/O SHIVANNA AND ORS vs. DEPUTY COMMISSIONER AND ORS, 2010 ILR(Kar) 397), by which, an order dated 30.06.2009 passed by the Deputy Commissioner, Mandya District, Mandya, disqualifying the appellants from being the Councillors of City Municipal Council, Mandya, was upheld.

(2.) The material facts of the case are as follows: The general election to the City Municipal Council, Mandya (for short 'the Council'), which consists of 35 wards was held on 28.09.2007. Result of the election was declared on 30.09.2007 and was published in the official gazette on 08.10.2007, in terms of which, 21 Councillors were from Janata Dal (Secular) [for short 'JD(S)'] party, 6 Councillors were from Indian National Congress (I) Party, 2 Councillors were from Bharatiya Janata Party and 6 Councillors, were independents. The appellants were elected as Councillors of 'the Council', by being the candidates of JD(S) party. The Councillors in turn elected Smt.K.C. Nagamma, a Councilor who had got elected on JD(S) party election symbol, as the President of the Council.

(3.) On 27.12.2008, appellants filed an application before Deputy Commissioner, to move no-confidence motion against the President of the Council. On 07.01.2009, appellants submitted a requisition to the Deputy Commissioner and the Commissioner of City Municipal Council, stating that they have voluntarily left JD(S) political party and formed a front called as 'Abhivrudhi Ranga' and requested for separate seating arrangements in the Council meetings. To consider the said motion of no-confidence, a meeting of the Council was convened by the Commissioner of the Council, to be held on 16.01.2009.