SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have called in question the validity of the order of the learned Single Judge passed in W.P.No.105239/2021 [LB-RES] disposed off on 21/4/2022, whereby the petition filed challenging the order of 28/10/2021 disqualifying the appellants from the membership of Sadalaga Town Municipal Council, passed under Sec. 4(2)(iii) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 ['the Act' for brevity], was dismissed.

(2.) The parties are referred as per their rank in the writ proceedings for the purpose of convenience.

(3.) The petitioners are Councilors of the Town Municipal Council, Sadalaga and were elected in the Elections held in the year 2018 and were official candidates of Bharatiya Janata Party (B.J.P.). In the Elections held for the post of 'Adhyaksha' and 'Upadhyaksha' on 2/11/2020, petitioner No.1 had contested for the post of 'Adhyaksha' and was elected and petitioner Nos. 2 to 4 had cast their votes in favour of petitioner No.1.