BHAGYAMMA G.N Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition calls in question the order dated 26-07-2021 by which the petitioner is disqualified to be a Member of the Koratagere Town Panchayat, Koratagere, Tumkur District (hereinafter referred to as the 'Panchayat ' for short) invoking the provisions of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as 'the Act ' for short).

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

(3.) The elections were held on 5-11-2020 to which the petitioner remained absent and the resultant position is that a particular candidate of a different political party was elected. After about 5 days of elections, the petitioner submitted a certificate on 10-11-2020 which depicted that the petitioner was suffering from viral fever and was under treatment on 3-11-2020 and was advised bed rest for a week from 3-11-2020. The petitioner gave this as a reason for not attending the meeting/elections that were slated to be and held on 5-11-2020. On the ground that the petitioner had violated the whip that was issued, the President of the party who had issued the whip communicated to the Chief Officer of the Panchayat for removal of the petitioner from the membership of the Panchayat on the ground that she has violated the whip invoking the provisions of the Act. This was communicated to the Deputy Commissioner as well who issued a show cause notice to the petitioner on 17-03-2021 seeking the petitioner to show cause as to why she should not be removed from membership of the Panchayat invoking the provisions of the Act. The petitioner gave her reply on 23.03.2021. Not being satisfied with the reply, proceedings were instituted before the Deputy Commissioner under the Act resulting in passing of the impugned order removing the petitioner from the primary membership of the Panchayat on the ground that the petitioner had violated the whip and had to undergo action under the Act. It is this order of the Deputy Commissioner dated 26-07-2021 that is called in question in this writ petition.