TIRATH S. THAKUR, J.

( 1 ) BY an Order made by him under Section 4 of Karnataka Local Authorities (Prohibition of Defection) Act, 1987, the State Election Commissioner has disqualifiedthe petitioners from the membership of the Zilla Panchayat on the ground of defection contrary to Section 3 of the said Act. Aggrieved the petitioners have questioned the validity of that order in the present writ petitions.

( 2 ) ). In the Elections to the post of "adhyaksha" (President) and "upadhyaksha" (Vice President) of the Zilla Panchayat, Gadag held on 25th of April, 1998, in which, the petitioners were elected as "adhyaksha" (President) and "upadhyaksha" (Vice President ). A complaint filed by Respondent Shri Channu Patil, more than two months after the election alleged that the petitioners were guilty of defection within the meaning of Section 3 of Act aforesaid and had thereby incurred a disqualification to continue as Members of the Panchayat. According to the complaint the petitioners had contested the election to the post of Adhyaksha and Upadhyaksha contrary to the directions issued by their party to support the candidature of those nominated by the party for the posts. The petitioners i

Click Here to Read the rest of this document