LOKAMMA Vs. DEPUTY COMMISSIONER RAICHUR DISTRICT

JUDGEMENT

(1.) By consent of the learned counsel on both sides, the appeals are heard on merits and are being disposed of by this Judgment. These writ appeals are directed against the order dated 09.12.2011 passed by a learned Single Judge of this Court dismissing the appellants' writ petitions in W.P. Nos. 83665-83668/2011. The appellants had filed the aforesaid writ petitions challenging the order dated 07.09.2011 passed by respondent No. 1-Deputy Commissioner whereunder the appellants were disqualified from being Councillors of the Town Municipal Council, Devadurga. The said order was passed in exercise of the power conferred on the Deputy Commissioner under Section 4(2)(iii) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 ('the Defection Act').

(2.) The learned Single Judge by the impugned order has dismissed the writ petitions on the ground that the appellants had an alternative remedy of a statutory appeal under Section 16(3) of the Karnataka Municipalities Act, 1964 ('the Municipalities Act').

(3.) Learned Counsel appearing for the appellants submitted that no statutory appeal is provided under the Municipalities Act as against an order of disqualification passed under Section 4(2) of the Defection Act and hence the impugned order of the learned Single Judge is erroneous.