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2000 Supreme(Kar) 82

T.S.THAKUR
H. S. DEVARAJ – Appellant
Versus
STATE ELECTION COMMISSIONER,BANGALORE – Respondent


Advocates:
A.K.SUBBAIAH, J.CHANDRASEKHARA SASTRI, P.G.C.Chengappa

TIRATH S. THAKUR, J.

( 1 ) IN this Petition for a writ of certiorari, the petitioners have called in question the validity of an order made by the State Election Commissioner under S. 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 disqualifying the petitioners from the membership of the Zilla Panchayat, Mysore District on the ground of defection contrary to S. 3 (1) (b) of the said Act.

( 2 ) ). The complaint filed against the petitioners alleged that a meeting of the Mysore District Janata Dal was convened on 12th of December 1998 at Mysore, in which apart from the Zilla Panchayat members of the Janata Dal, Sri Siddaramaiah, the then Deputy Chief Minister of the State, other Ministers, M. L. As. , and M. L. Cs. , also participated. The meeting was, according to the complaint, convened to nominate candidates for the post of President and Vice President of the Zilla Panchayat for which elections were scheduled to be held on 14-12-1998. The complaint further stated that after discussion the decision to nominate the candidates for the two posts was left to Sri Siddaramaiah and the Janata Dal members of the Zilla Panchayat asked to present themselves in the me











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