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2017 Supreme(Kar) 439

R.S.CHAUHAN
Srimathi Bangera – Appellant
Versus
President (Acting), District Congress Committee, Madikeri – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Manmohan P.N.
For the Respondents: Mr. B. Lethif, Mr. A.S. Ponnanna, Mr. S. Chandrashekaraiah

ORDER :

Raghvendra S. Chauhan, J.

Aggrieved by the order dated 1-3-2017, passed by the Deputy Commissioner, Madikeri, Kodagu District, the respondent No. 2, whereby the respondent No. 2 has disqualified the petitioners from the post of Councillor of the City Municipal Council, Madikeri, under Sections 3(1)(b) and 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (' the Act,' for short), the petitioners have approached this Court.

2. Briefly the facts of the case are that in the election held on 16-3-2014, for the CMC, Madikeri, both the petitioners were elected as Councillors. Subsequently, on 14-8-2015, Ms. Srimathi Bangera, the petitioner No. 1, was elected as the President of CMC, Madikeri. However, thereafter, the elections for the post of President and the Vice-President, CMC, Madikeri were scheduled to be held on 9-9-2016.

3. The respondent No. 1, the President of District Congress Committee (' DCC,' for short), Mr. T. P. Ramesh allegedly issued a direction (Whip), informing the Councillors belonging to the Congress party that the party had decided to field Smt. Kaveramma Sonnamma for the post of President, and Mr. Prakash Acharya for the post of Vice-Pres

















































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