MARIYAPPA NARASAPPA HALAVAGALA Vs. CHIEF SECRETARY

JUDGEMENT

(1.) In these appeals the questions pertain to the interpretation and validity of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (referred as 'the Act' hereinafter).

(2.) All the appellants were elected to the respective Mandal Panchayats in the elections held in January 1987. The Mandal Panchayats are constituted under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (for short "Z.P. Act'). The members so elected have to elect Pradhans and Upa-Pradhans to the respective Mandal Panchayats under Section 42 of the Z.P. Act.

(3.) Prior to the Act, and before the elections of the Members, the Governor had promulgated an Ordinance called, 'Karnataka Local Authorities (Prohibition of Defection) Ordinance, 1986 - (for short 'the Ordinance'). The provisions of the Act and the Ordinance, are substantially similar. The Ordinance came into effect on 29-12-1986.