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2005 Supreme(Kar) 375

S.R.NAYAK, V.JAGANNATHAN
R. CIDKKARUDRAPPA – Appellant
Versus
DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT – Respondent


ADVOCATE APPEARED
Sri Goutham and Sri Rajeshwar, Advocates for Petitioner;
Sri Deshraj Government Advocate for Respondents.

JUDGMENT

The petitioner was elected as the Councillor of the Town Municipal Council, Vijayapura Town, in the election held on 4-5-2001. The Deputy Commissioner, Bangalore Rural District, the first respondent herein, by his order bearing No. MUN(l)CR/I08/2001-2002, dated 30-9-2004, marked as Annexure-K, disqualified the petitioner from being the Councillor of the Town Municipal Council, Vijayapura, on the ground that the petitioner was convicted in C.C. No. 29 of 1977 as accused 7 for the offences punishable under Sections 120-B, 489-A and 489-D of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for a term of three years, as per the judgment dated 24-7-1978 of the Sessions Court, Bangalore. The petitioner, being aggrieved by the above order of the first respondent, preferred an appeal to the Directorate of Municipal Administration, government of Karnataka, the second respondent. The second respondent, by his order dated 3-1-2005, marked as Annexure-M, dismissed the appeal. The petitioner, being aggrieved by the orders at Annexures-K and M, has preferred this writ petition under Article 226 of the Constitution of India.

2. It was contended by the learned Co














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