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2011 Supreme(Kar) 617

MANJULA CHELLUR, A.N.VENUGOPALA GOWDA
Byrappa S/o. Shivanna – Appellant
Versus
Deputy Commissioner – Respondent


Advocates Appeared:
For the Appellants:Jayakumar S. Patil, Sr. Advocate, M/s. Jayakumar S. Patil Associates, Advocates.
For the Respondents:R2, A. Nagarajappa, HCGA, R3 to R5, Prabhuling K. Navadgi, Advocate.

Judgment :-

A.N. Venugopala Gowda, J.

These appeals are directed against an order dated 09.12.2009 passed by learned Single Judge in W.P.Nos.19299-311/2009 (reported in ILR 2010 KAR 397), by which, an order dated 30.06.2009 passed by the Deputy Commissioner, Mandya District, Mandya disqualifying the appellants from being the Councillors of City Municipal Council, Mandya, was upheld.

2. The material facts of the case are as follows:

The general election to the City Municipal Council, Mandya (for short ‘the Council), which consists of 35 wards was held on 28.09.2007. Result of the election was declared on 30.09.2007 and was published in the official gazette on 08.10.2007, in terms of which, 21 Councillors were from Janata Dal (Secular) [for short ‘JD(S)’] party, 6 Councillors were from Indian National Congress (I) Party, 2 Councillors were from Bharatiya Janata Party and 6 Councillors, were independents. The appellants were elected as Councillors of ‘the Council’, by being the candidates of JD(S) party. The Councillors in turn elected Smt. K.C. Nagamma, a Councilor who had got elected on JD (S) party election symbol, as the President of the Council.

3. On 27.12.2008, appellants filed










































































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