BYRAPPA Vs. DEPUTY COMMISSIONER MANDYA DISTRICT

JUDGEMENT

(1.) In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 30.6.2009 as per Annexure-J passed by the first respondent under Section 4(1) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (for short 'Act') disqualifying the petitioners as members of second respondent - City Municipal Council, Mandya.

(2.) On 28.9.2007 elections were held to the second respondent - Municipal Council to elect 35 councilors from 35 wards. On 30.9.2007 the results of the election were declared and the same was published in the official gazette on 8.10.2007. As per this notification 21 councilors including the petitioners and 5th respondent were elected on Janata Dal (Secular) [for short JD(S)] political party symbol, 6 councilors from Indian National Congress (I) Party. 2 councilors from Bharatiya Janata Party and 6 councilors as independents. These elected councilors in turn elected one Smt. K.C. Nagamma as their President. Subsequently on 27.12.2008 the petitioners and other councilors filed an application before the first respondent to move no confidence motion against the President - Smt. K.C. Nagamma. Accordingly the President of first respondent council called a meeting to be held on 16.01.2009 to consider the motion of confidence. In the meanwhile, the State President of JD(S) party issued a direction popularly called as WHIP on 9.1.2009 as per Annexure-C to all the 21 councilors including the petitioners elected on JD(S) political party symbol to defeat the motion of confidence in the meeting to be held on 16.1.2009 failing which to take appropriate action. This whip dated 9.1.2009 came to be served on the petitioners through the third respondent - Mandya District. President of JD(S) political party. Further the State President as per Annexure-C1 dated 9.1.2009 appointed the fourth respondent as Observer. In violation of the whip issued by the State President of JD(S) political party petitioners voted in favour of motion of no confidence.

(3.) Before the meeting on no confidence motion, the petitioner's gave requisition on 7.1.2009 to the respondents 1 and 2 stating that they have voluntarily left JD(S) political party and formed a front called 'Abhivrudhi Ranga' and requested for separate seating arrangement in respondent - Council meetings.