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2021 Supreme(Kar) 344

M.NAGAPRASANNA
BHAGYAMMA G. N. , W/O GANESH V. – Appellant
Versus
GOVERNMENT OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION DR AMBEDKAR VEEDHI BENGALURU – Respondent


Advocates Appeared:
For The Appellant :SRI UGRAPPA V.S., ADVOCATE
For The Respondent:SRI C.M.POONACHA, AGA A/W SRI NITHYANANDA K.R., HCGP AND SRI A.NAGARAJAPPA, SRI G.S.BALAGANGADHAR, ADVOCATE

ORDER :

The petitioner in this writ petition calls in question the order dated 26-07-2021 by which the petitioner is disqualified to be a Member of the Koratagere Town Panchayat, Koratagere, Tumkur District (hereinafter referred to as the ‘Panchayat’ for short) invoking the provisions of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (hereinafter referred to as ‘the Act’ for short).

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

    The petitioner, a resident of Koratagere was elected as a Member of the Panchayat pursuant to elections conducted on 31.08.2018 under Janatha Dal (Secular) ticket. Though elections were held on 31.08.2018 neither committees were constituted nor elections to the office of President or Vice-President took place. After about two years of elections of Members to the Panchayat, elections for the office of the President and Vice-President were set in motion by issuance of calendar of events on 27-10-2020 directing that elections would be held for the offices of President and Vice-President on 5-11-2020. On issuance of calendar of events, the 6th respondent/President of Tumkur Distr

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