KANTHANAGOUDA Vs. CHIEF SECRETARY ZILLA PARISHAD BIJAPUR

JUDGEMENT

(1.) This is the third round of litigation between the parties in this Court. Earlier in Writ Petition No.18473 of 1987 filed by the contesting respondents, this Court set aside the order of the Chief Secretary and directed the Chief Secretary to dispose of the complaint filed by Respondents 3 and 4 in accordance with law. Accordingly the complaint was taken on file by the Chief Secretary and he made an order disqualifying the petitioners and five others from the membership of Mandal Panchayat. That order was challenged by the petitioners and five others in Writ Petitions Nos. 2444 of 1988 and 5526 to 5531 of 1988 This Court quashed the second order made by the Chief Secretary by its order dated 30-3-1988 and directed the Chief Secretary to dispose of the complaint of respondents 3 and 4 afresh after issue of notices to all parties concerned. Accordingly the Chief Secretary issued notices to the parties and after hearing their counsel passed the order impugned herein disqualifying these two petitioners.

(2.) The learned counsel for the petitioners submitted regard being had to the consequences of an order of disqualification made under Section 3(1)(b) of the Karnataka Local Authorities (Prohibition of defection) Act, 1987 the Chief' Secretary should have held a proper enquiry into the complaint made against the petitioners but the order of the Chief Secretary is based on surmises and not on any proof as required under law. Therefore though the petitioners were given an opportunity of being heard through their counsel, the findings recorded against them are not supported by any evidence and hence this Court should interfere under Article 226 of the Constitution.

(3.) Pursuant to the direction made by this Court, learned Government Advocate appearing for the Chief Secretary has produced the records of the proceedings. T have persued the records and I have been taken through the order of the Chief Secretary. I have also heard the learned counsel for the petitioners, the Government Pleader and the learned counsel for the respondents.