K. Bhakthavatsala, J.—These appeals are directed against common order dated 19-8-2011 made in Writ Petition Nos. 41921 and 41922 of 2010 dismissing and refusing to quash the order dated 9-12-2010 bearing No. GUDC-1/ELECTION/CR.16/10-11 (at Annexure-E) on the file of respondent 1-Deputy Commissioner, Bijapur District, Bijapur. For the purpose of convenience and better understanding, the appellants are (hereinafter referred to as 'the petitioners') as arrayed in the writ petitions.

2. The brief facts of the case leading to the filing of the writ appeals may be stated as under:

The appellants/petitioners filed petitions in W.P. Nos. 41921 and 41922 of 2010 against the respondents assailing the correctness of the order dated 9-12-2010 passed on the file of respondent 1-Deputy Commissioner, Bijapur. They have pleaded that they were elected Councillors of Sindagi Town Municipal Council of JD(S) party. Respondent 3 filed a complaint before the Deputy Commissioner on 28-8-2010 for disqualifying the petitioners from their membership on the ground of violating 'the whip' given by him for election to the post of President and Vice-President on 20-8-2010. Respondent 1-Deputy Commissioner held an enquiry on the complaint. The petitioners have contended that respondent 3-District President had no authority to issue Whip and no Whip was issued. Learned Single Judge held that the subject-matter involved in the writ petition was directly covered by order dated 27-5-2011 made in W.P. Nos. 80220 and 80221 of 2011 (Smt. Bhimabai and Another v. The Deputy Commissioner, Bijapur District and Others) and for the reasons stated therein the writ petitions were dismissed by order dated 19-8-2011 as devoid of merits. This is impugned in these appeals.

3. Sri. Padmanabha Mahale, learned Senior Counsel appearing for the appellants submits:

(i) that order dated 27-5-2011 made in W.P. Nos. 80220 and 80221 of 2011 (Smt. Bhimabai's case) confirmed in W.A. Nos. 10115 to 10131 of 2001 (is not applicable to the case of the appellants;

(ii) that the appellants challenged their disqualification order dated 9-12-2010 from the membership of Town Municipal Council, Sindagi, on the ground that District President of Janata Dal-S Party (in short, 'JD(S) Party'), Bijapur District, had no authority to issue the Whip;

(iii) that the Whip suffers from ambiguity;

(iv) that the impugned order of disqualification was passed on a complaint filed by the District President of JD(S) Party, Bijapur District, directly to the Deputy Commissioner, instead of Chief Executive Officer of the concerned local authority and it is contrary to sub-section (1) of Section 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as 'the defection Act') and as such the order of disqualification is bad in law;

(v) that the case of Smt. Beemabai, supra, is not applicable as it pertains to disqualification of member of TMC belonging to Congress (I) party and its constitution differs from Constitution of JD(S) Party.

4. Learned Senior Counsel for the appellants relies on the decision in Tukkanasa v. Deputy Commissioner, Dharwad and Another 1992 (4) Kar. L.J. 441 on the point complaint of disqualification made against the President of Municipal Council on the ground of defection made directly to the Deputy Commissioner without making a complaint to the Chief Executive Officer under Section 4(1) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, and the order of the Deputy Commissioner dismembering the petitioner from the Council, is bad in law.

5. Sri. H.S. Jois, learned Senior Counsel appearing for respondent 3-District President of JD(S) party submits:

(i) that the case of the appellants is covered on all the fours of Bheemabai's case;

(ii) that under sub-section (3) of Section 16 of the Karnataka Municipalities Act, 1964, any person aggrieved by a decision of the Deputy Commissioner made under sub-section (2) of Section 16, may, within a p