SHOBHA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) A member of Mysore Zilla Panchayat calls in question the correctness or otherwise of an order passed by the Commissioner, state Election Commission dated 30. 11. 2002, on a complaint filed by some of the members of Zilla Panchayat in exercise of his powers under Section 3 (1) (b) of the Karnataka Local Authorities (Prohibition of Defection) Act 1987, (hereinafter for the sake of brevity referred to as 'prohibition Act )

(2.) PETITIONER, 2nd and 4th respondent herein are members of mysore Zilla Panchayat. They belong to Congress Party. The third respondent herein is the President of Mysore Rural District Congress committee, Mysore District, Mysore. The Zilla Panchayat has 41 members and out of them 20 belong to JD (S), 18 from Congress, 2 is from BJP and one is an independent member.

(3.) IN the present case, we are concerned with the elections held on 11. 3. 2002 for the office of Adhyaksha and Upadhyaksha of Mysore zilla Panchayat. It is the case of respondent Nos 2 to 4 that whip had been issued by the President of Rural District Congress committee before the commencement of the election process, directing the members of the congress party to vote for Smt. Lekha venkatesh and Sri D. M. Theerthappa, a B. J. P candidate in the election to the office of Adhyaksha and Upadhyksha respectively and contrary to the whip, petitioner voted in favour of J. D (S) candidate for election to the office of Adhyaksha and voted for herself, for the office of Upadhyaksha and it is their further case that in view of petitioner s intentional violation of the party whip, the candidates fielded by the Congress party have lost in the election process and the congress party has not condoned the action of the petitioner in violating the party whip within 15 days from the date of voting. They have filed identical complaint before the Chief Executive Officer, mysore Zilla Panchayat, Mysore, interalia requesting him to disqualify petitioner from being a member of Zilla Panchayat for vioting the party whip as provided under the Act.