MANJUNATHA S Vs. CHIEF SECRETARY ZILLA PARISHAD KOLAR

JUDGEMENT

(1.) In these two Writ Petitions the petitioners have challenged the order of the Chief Secretary, Zilla Parishad dated 16-5- 1988 disqualifying them in accordance with sub-section (2) of Section 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as the 'Act').

(2.) The brief facts which are required to be stated are as follows : On 18-6-1987 election to the offices of Pradhan and Upa-Pradhan for Otadahosahalli Mandal Panchayat in Gowribidanur Taluk took place. At that meeting the petitioner in the first of the petitions was elected as Pradhan and one Adi- narayanappa was elected as Upa-Pradhan. Both of them belong to Janata Party It is alleged that a report was submitted to the Secretary of the Panchayat in the following month seeking appropriate action under the Act against the petitioners and another who acted contrary to the instructions issued at the meeting held tn 17-6-1987 in the office of the Taluk Janata Party where-in one Sri V. P. Narayana Gowda and another Sri R. Hanumantha Reddy were declared as official candidates for Janata Party for the offices of Pradhan and Upa-Pradhan and they were responsible for the defeat of the official candidates while the petitioner in the first of the Writ Petitions got himself elected as Pradhan. On such complaint or report being received, the Secretary forwarded the same to the Chief Secretary of the Zilla Parishad who oiled upon the petitioners to appear on 18-7- 1987 before him and show cause as to why action should not be taken against them. The petitioners appeared and gave a signed Written Statement by which they denied the allegations made against them and asserted :

(3.) On receipt of such a statement, the respondent - Chief Secretary, Zilla Parishad, Kolar, has proceeded to dispose of the matter holding that they were informed on 17-6-1987 to vote for the official candidates as evidenced by the document produced by the President of the District Janata Party bearing the date 17-6-1987 which showed that at the meeting which took place on 17-6-1987 the petitioners, amongst others, were informed that they should vote for the official candidates. Before the Chief Secretary there appears to have been another document produced which was dated 23-4-1987 and which purported to the decision of the district Janata Party to field V. P. Narayana Gowda and H. Hanumantha Reddy as official candidates for the offices of Pradhan and UpaPradhan respectively. In that circumstance, the Chief Secretary came to the conclusion by inference that the petitioners and another who were present at the meeting on 17 6-1987 knew the official candidates and therefore they wilfully disobeyed the directions issued by the Janata Party by way of a Whip and therefore, incurred disqualification under subsection (2) of Section 3 of the Act resulting in their expulsion as members of the Mandal Panchayat. That order was challenged in Writ Petition No. 11592 to 11594 of 1984 in this Court and by the order dated 3-8-1987 this Court stayed the order and on 14-3-1988 the Writ Petitions were disposed of directing the petitioners to appear before the Chief Secretary, Zilla Parishad and file their objections. It was in that circumstance, they filed Written Statements to which reference has already been made.