PAVITHRA Vs. DEPUTY COMMISSIONER DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) This intra court appeal emanates from a judgment dtd. 25/9/2021 passed by the learned Single Judge, by which writ petition preferred by the appellants assailing the validity of the order dtd. 6/9/2021 passed by the Deputy Commissioner, disqualifying the appellants from the membership of City Municipal Council, Kollegal has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that elections for the post of Councilors of Kollegala City Municipal Council (hereinafter referred to as 'the Council' for short) were held on 31/8/2018, in which the appellants were elected as Councilors from their respective wards. The results of the election were published in the official gazette on 6/9/2018 and the council was constituted.

(3.) The appellants were elected as Councilors from Bahujan Samajvadi Party (BSP). The appellants tendered their resignation to State President, BSP stating that they are resigning from the primary membership of BSP. A notification was issued on 22/10/2020 notifying the elections to the office of President and Vice President of the Council and the same was scheduled to be held on 29/10/2020. Notices dtd. 22/10/2020 were sent to the appellants to attend the meeting of the party scheduled on 24/10/2020. However, the appellants remained absent. Thereafter, a whip was also issued to all the members of BSP directing them to compulsorily attend the election to the offices of the President and Vice President of the Council. However, in the elections held on 29/10/2020 the appellants voted in favour of one Smt.Gangamma, a rebel BSP Candidate who secured 17 votes and was declared elected as President of the Council. The respondent No.2 who was the official candidate of BSP only secured 2 votes. The respondent No.2 filed a complaint before the Deputy Commissioner who by an order dtd. 6/9/2021 after hearing the parties allowed the compliant and disqualified the appellants from membership of the council on the ground that they had violated the whip and had defected from the party.