1. These Writ Petitions are filed seeking quashing of the disqualification order passed by the respondent No.1-Deputy Commissioner of Bagalkot District in No. Kra/KamVi/Election /CR-41/2016-17 dated 19.09.2016.

2. I have heard the learned counsel for the petitioners and as well as the learned Additional Government Advocate for R1 and the learned counsel appearing for the respondent No.2 and also the third respondent.

The undisputed facts, which emanate from the records are that the petitioners are the elected councilors of the City Municipal Council, Ilkal, in Bagalkot District from Ward No.13 and 24 respectively from the Indian Congress Party on 18.03.2013. They have been working as such the members of their party and councilors of the City Municipal Council, Ilkal. It is also undisputed fact that, during the year 2016 precisely on 11.03.2016 there was an election in the Municipal Council, Ilkal, for to elect Adhyaksha and Upadhyaksha and in that particular election it is alleged that the Congress Party has issued a Whip (direction) to all its elected members of the said Town Municipal Council to vote for one Vaddi Tejamma Sudhama, who stood for the post of Adhyaksha (President). It is alleged that, violating the said Whip the petitioners herein have voted against the party and not voted for the said Vaddi Tejamma Sudhama. It is alleged that thereby they have violated the Whip issued by the Congress Party and thereby they were disqualified from the post of councilors of the said Town Municipal Council, Ilkal.

3. Making such allegations the President, District Congress Committee, the respondent No.2 Sri M.B. Soudagar, has lodged a complaint before the Deputy Commissioner to disqualify the petitioners from the membership of the Town Municipal Council, Ilakal under Section 3 of The Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as ‘Act’ for short). The Deputy Commissioner after registering a case in No.Kra/KamVi/Election/CR-41/2016-17 has in detail hold an enquiry and ultimately passed the impugned orders disqualifying the petitioners from the post of Councilors of Ilkal Town Municipal Council. The said order of the Deputy Commissioner is called in question on various grounds before this Court. The main grounds urged before this Court by the learned counsel for the petitioners are that:

(i) There was no authority to the President, District Congress Committee to serve any whip on the petitioners, as the said power vests with the Congress Party as such and therefore the Whip issued itself is invalid;

(ii) The Whip alleged to have been issued, has not been duly served on the petitioners;

(iii) The Karnataka Local Authorities (Prohibition of Defection) Act, 1987, is not at all applicable if there is any split in the party itself as per Sec. 3(A) of the Act.

- - -

4. Before adverting to the above said grounds urged before this Court it is just and necessary to have a brief note with regard to the enquiry conducted by the Deputy Commissioner before passing the impugned order. It is seen that after issuing notices to the petitioners herein on the complaint lodged by the second respondent-Mr. M.B. Soudagar, the Deputy Commissioner has provided opportunity to the parties to file their objections and thereafter recorded the evidence of nine witnesses produced by the complainant examined as P.Ws.1 to 9 and there were 21 documents which are marked at Ex.P.1 to P.21 and Ex.C.1 to C.2(a). On the side of the respondent, Smt. Hemalatha Suguresh Nagaloti (one of the petitioner herein) examined as D.W.1.

5. After hearing the detailed arguments the Deputy Commissioner has held that the Whip issued by the District Congress Committee through its President is valid and it is duly served on the petitioners and inspite of that they have voted against the candidate named in the Whip and thereby the petitioners have violated the Whip and thereby they are liable for disqualification u/S 3 of the Act. Now this Court