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2021 Supreme(Kar) 375

M.NAGAPRASANNA
Pavithra W/o Ramesha K. – Appellant
Versus
Deputy Commissioner/District Election Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Jayakumar S.Patil, Sr. Advocate, A/W Sri Mahammed Tahir A., Advocate (Video Conferencing)
For the Respondent:Sri Nithyananda K.R., HCGP (Physical Hearing) Sri A.S. Ponnannna, Sr. Advocate for, Sri. S.B. Suresh, Advocate (Video Conferencing)

ORDER :

The petitioners claiming to be aggrieved by the order dated 6.09.2021 passed by the 1st respondent/Deputy Commissioner disqualifying the petitioners from the membership of the City Municipal Council, Kollegal have filed the subject writ petition.

2. Sans details, facts in brief that are germane for consideration of the lis are as follows :-

The petitioners, residents of Kollegal Taluk, Chamarajnagar District were elected as councilors to Kollegal City Municipal Council (‘CMC’ for short) in the elections held in 2018 from Bahujan Samaj Party (‘BSP’ for short). The elections were held on 31-08-2018 and results were declared on 3-09-2018. Elections to the office of President and Vice-President had not been conducted for over two years of constitution of the Council. The constitution of the Council had happened on 6-09-2018. A notification notifying elections to the office of the President and the Vice-President to CMC was issued on 22-10-2020. This was presided by a notification dated 8-10-2020 depicting reservation to be followed for the election of the President and the Vice-President of all urban local bodies including the CMC.

3. When the elections to the President and the Vic

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