( 1 ) A member of Mysore Zilla Panchayat calls in question the correctness or otherwise of an order passed by the Commissioner, state Election Commission dated 30. 11. 2002, on a complaint filed by some of the members of Zilla Panchayat in exercise of his powers under Section 3 (1) (b) of the Karnataka Local Authorities (Prohibition of Defection) Act 1987, (hereinafter for the sake of brevity referred to as 'prohibition Act )

( 2 ) PETITIONER, 2nd and 4th respondent herein are members of mysore Zilla Panchayat. They belong to Congress Party. The third respondent herein is the President of Mysore Rural District Congress committee, Mysore District, Mysore. The Zilla Panchayat has 41 members and out of them 20 belong to JD (S), 18 from Congress, 2 is from BJP and one is an independent member.

( 3 ) IN the present case, we are concerned with the elections held on 11. 3. 2002 for the office of Adhyaksha and Upadhyaksha of Mysore zilla Panchayat. It is the case of respondent Nos 2 to 4 that whip had been issued by the President of Rural District Congress committee before the commencement of the election process, directing the members of the congress party to vote for Smt. Lekha venkatesh and Sri D. M. Theerthappa, a B. J. P candidate in the election to the office of Adhyaksha and Upadhyksha respectively and contrary to the whip, petitioner voted in favour of J. D (S) candidate for election to the office of Adhyaksha and voted for herself, for the office of Upadhyaksha and it is their further case that in view of petitioner s intentional violation of the party whip, the candidates fielded by the Congress party have lost in the election process and the congress party has not condoned the action of the petitioner in violating the party whip within 15 days from the date of voting. They have filed identical complaint before the Chief Executive Officer, mysore Zilla Panchayat, Mysore, interalia requesting him to disqualify petitioner from being a member of Zilla Panchayat for vioting the party whip as provided under the Act.

( 4 ) THE Chief Executive Officer has placed the complaints before the first respondent herein to consider the request made in the complaint filed by the members of Zilla Panchayat since he is the competent autority under the Act to decide the lis in the complaint. After notice to both the parties and after affording them a reasonable opportunity of hearing, the first respondent has accepted the request made in the complaint and has passed the impugned order holding that the Congress Party had issued a whip, the whip was legal, it was served on the petitioner and as the petitioner has not obeyed the whip, she is liable for disqualification and therefore has disqualified the petitioner from being member of the Mysore Zilla panchayat. It is the correctness or otherwise of the order so made is the subject matter of this Writ Petition.

( 5 ) THE specific case of the complainants in their complaint in that, a meeting of the members of the Zilla Panchayat was held in the office of the Congress Party at Mysore at 3. 00 p. m. on 7. 3. 2002 and in the meeting, a decision was taken to leave the decision to their superiors to name the candidate/candidates to contest in the elections for the office of Adhyaksha and Upadhyaksha of Zilla panchayat to be held on 11. 3. 2002 and that resolution and the attendance register was not signed by the petitioner though she was present and participated in the discussions held on that date. In the complaint, they have further stated as under. IT is submitted that Mysore Rural District Congress Committee president Sri H. Subbaiah handed over the whip in writing to the respondent on 11. 3. 2002 at 8. 30 a. m. in front of Mysore Zilla panchayat Building before the commencement of Election. However, the respondent refused to accept the whip and thereupon the President, Mysore Rural District Congress committee drew up a mahazar of the said refusal of the respondent to accept the whip