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1987 Supreme(Kar) 391

P.P.BOPANNA
D. R. SHIVAPPA GOWDA – Appellant
Versus
CHIEF SECRETARY, ZILLA PARISHAD – Respondent


BOPANNA, J.

( 1 ) THESE batch of writ petitions raise an important question of law touching the interpretation, of Article 20 (1) of the Constitution and the relevant provisions of the karnataka Local Authorities (Prohibition of defection) Act, 1987 (hereinafter referred to as the Anti-Defection Act ). The Karnataka legislature just on the eve of the elections to the Zilla Parishads and Mandal Panchayats which came to be constituted under the provisions of the Karnataka Zilla Parishads, taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, issued an Ordinance called as 'karnataka local Authorities (Prohibition of Defection) ordinance, 1986. The Ordinance was promulgated on 29th December, 1986. By that Ordinance certain disqualifications were imposed on a Councillor or member belonging to any political party from voting or abstaining from voting in any meeting of the zilla Parishad and Mandal Panchayat, contrary to any direction issued by the political party to which he belongs or any person or authority authorised in this behalf without obtaining in either case the prior permission of such political party, if such voting or abstention have not been condoned by


























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