V. GOPALA GOWDA, J.

( 1 ) THE petitioners are the elected members of Town Municipal Council, savanur. They are aggrieved by the impugned order at Annexure-F, dated 30-12-2004 passed by the first respondent disqualifying their membership. The impugned order was passed on the basis of the complaint lodged by the 2nd respondent against the petitioners for having disobeyed the whip of no-confidence motion against the President of the Town Municipal Council issued as per Annexures-B, B1 and B2.

( 2 ) THE impugned order is attacked on the ground that there is no specific direction in the whip issued as required under Section 3 (l) (b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. Consequently, there is no whip in the eye of law. In the absence of a valid whip, the impugned order is bad in law. The decisions in viswanath Kappathanavar v Channu Patil and Shobha v State Election commission , are pressed into service.

( 3 ) THE ground of attack is wholly untenable. The whip clearly states"i do hereby issue this whip of no confidence motion of Sri R. G. Sindhanur, our party nominee for the President/vice-President, T. M. C. , savanur Taluk Panchayat/cmc/town Zilla Pa

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