PRADEEP SANJEEV SHETTY Vs. THE DEPUTY COMMISSIONER

JUDGEMENT

(1.) These writ petitions are filed by the petitioners questioning the order passed by the respondent No.1-Deputy Commissioner, U.K. District, Karwar in No. DUDC.2 / VIVA/19/2016-17 dated 24.04.2017 vide Annexure-M disqualifying the petitioners from the post of Councilors of Sirsi City Municipal Council (for short 'CMC') upon the complaint filed by the respondents 2 and 3 herein. The impugned order of the respondent No.1 has been challenged under these writ petitions by urging various grounds.

(2.) Brief facts of the petitions are as under: The petitioners herein had contested the election to the CMC, Sirsi and the results were announced on 11.03.2013 declaring the petitioners herein as the elected members of the respective wards. Subsequent to completion of the first term of the office of the President and Vice President of the CMC, Sirsi, a notification came to be issued with regard to the election to the aforesaid President and Vice President for the remaining period. The election was scheduled to be held on 06.04.2015 and thereafter the election for the post of the President and Vice President of the CMC, Sirsi was held and the first petitioner was elected as the President of the CMC, Sirsi. It is further stated that the respondents 2 and 3 herein filed complaint on 30.04.2016 u/S 4(1)(b) r/w Rule 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (for short 'Act') to the Commissioner of CMC, Sirsi, with a request to refer the same to the respondent No.1 being the Deputy Commissioner on the allegations made that the election for the office of the President and Vice President was scheduled on 06.04.2015 and a meeting was convened in the CMC, Sirsi Block Congress Office on 31.03.2016 and 05.04.2016 to select a candidate for the office of President and Vice President from the INC. As the respondent No.3 was nominated by the party to run for the office of the President, the respondent No.2 served whip on all the councilors of the INC on 05.04.2016 with a direction to vote in favour of the party candidate for the office of the President. Respondent Nos.2 and 3 in their complaint complained that the petitioner No.1 in violation of the whip contested for the office of the President and other petitioners have voted in favour of petitioner No.1 by violating the whip. With the above allegations the complainants sought for disqualification of the petitioners herein and one more Councilor, namely, Amanullah Khan.

(3.) Petitioners have also examined one person namely Ashok R. Surannanavar, who, according to respondents 2 and 3, was present in the meeting of 05.04.2016 and has signed the meeting register. Shri Ashok R. Surannanavar, to prove his identity and signature produced his PAN card and deposed on oath that he was not present in the alleged meeting dated 05.04.2016 and did not subscribe his signature in the meeting register. Ex.P.24 is the said register. He deposed that the signature found at Ex.P.26 in page no.10 is not his signature. The impugned order at Annexure-M passed by the respondent No.1 is illegal and not sustainable in law. Being aggrieved by the order passed by the respondent no.1- the Deputy Commissioner of Uttara Kannada District, Karwar, these writ petitions are filed challenging its validity amongst other grounds. For all these grounds the petitioners are seeking for allowing the writ petitions by quashing the impugned order passed by respondent no.1 dated 24.04.2017 and for such other rleiefs.