N SHIVANNA Vs. DEPUTY COMMISSIONER CHAMARAJANAGAR

JUDGEMENT

(1.) THE petitioners, being aggrieved by the order dated 23-9-2002 in case no. ELN (2) CR 56/2001-02 on the file of the Deputy Commissioner, chamarajanagar District, Chamarajanagar, declaring them as having been disqualified from being members of the 2nd respondent-Town municipal Council, under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (for short, the 'act'), have filed these writ petitions.

(2.) THE 2nd respondent-Town Municipal Council has 23 Wards for which elections were held on 3-5-2001. 11 candidates belonging to janata Dal (U) and 11 candidates from the Congress (I) along with one independent, were declared elected. The petitioners and the 3rd respondent belong to Janata Dal (U) Political party.

(3.) THE Tahsildar, Gundlupet, on 24-12-2001 issued a notice for the meeting of the Members of the 2nd respondent-Council to be held on 4-1-2002, for election to the office of President and Vice-President, which was acknowledged by the petitioners. It is the case of the 3rd respondent that a whip, dated 3-1-2002, was issued by the President of the District janata Dal (U) party, directing the Members of the Janata Dal (U) party to vote for the 3rd respondent, a candidate, seeking election to the Office of President of the 2nd respondent-Town Municipal Council, and that the petitioners intentionally absented themselves from the meeting on 4-1-2002, and consequently did not cast their votes, which action was contrary to the whip. It is the further allegation of the 3rd respondent that due to the aforesaid action of the petitioners, the 3rd respondent fielded by the Janata Dal (U) party, lost in the election and the political party has not condoned the abstention of the petitioners or from violating the whip, within 15 days from 4-1-2002. On the said allegations, the 3rd respondent made a complaint on 15-1-2002, under section 4 of the Act, to the Chief Executive Officer, the 2nd respondent herein, to declare the petitioners as having become subject to disqualification under Section 3 of the Act, which complaint was referred to the 1st respondent for a decision thereof.