HEMALATA SUGURESH NAGALOTI Vs. DEPUTY COMMISSIONER, BAGALKOT DISTRICT

JUDGEMENT

(1.) These writ petitions are filed seeking quashing of the disqualification order passed by the respondent 1-Deputy Commissioner of Bagalkot District in No. Kra/KamVi/Election/CR-41/2016-17, dated 19-9-2016.

(2.) I have heard the learned Counsel for the petitioners and as well as the learned Additional Government Advocate for R1 and the learned Counsel appearing for the respondent 2 and also the third respondent.

(3.) Making such allegations the President, District Congress Committee, the respondent 2-Sri M.B. Soudagar, has lodged a complaint before the Deputy Commissioner to disqualify the petitioners from the membership of the Town Municipal Council, Ilakal under Sec. 3 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as 'Act' for short). The Deputy Commissioner after registering a case in No. Kra/KamVi/Election/CR-41/2016-17 has in detail hold an enquiry and ultimately passed the impugned orders disqualifying the petitioners from the post of Councillors of Ilkal Town Municipal Council. The said order of the Deputy Commissioner is called in question on various grounds before this Court. The main grounds urged before this Court by the learned Counsel for the petitioners are that: