Point of Law: There can be many inferences for voluntarily giving up the membership even if one has not resigned; the case at hand is one where the petitioners have all resigned, therefore, no inference need be drawn, the impugned action is a direct result of their resignation in terms of the statute.

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 Vice-President were notified, the Block President of the BSP national party sent notices to the petitioners on 22-10-2010 to attend the meeting of the party to be held at 5 p.m. on 24-10-2020. On 24-10-2010 it is the claim of the 2nd respondent that they remained deliberately absent. The office of President of CMC was reserved for General (Woman) and the office of Vice-President was reserved for Scheduled Tribe (Woman). In the meeting held on 24-10-2020 it was also decided to issue directions/whip to all the BSP national party councilors of the CMC directing them to compulsorily attend the election to the offices of President and Vice-President of the CMC and to vote in favour of the mandate of the whip. The final meeting of the party was also held on 28-10-2020. The State unit of the BSP authorized one Sri N.Nagaiah, President of Chamarajnagar District BSP National Party to issue whip on behalf of BSP national party to be served on all the BSP national party councilors directing them to attend the meeting of the election without fail.

4. On 29-10-2020 elections were held and it transpires, as alleged, that the petitioners voted in favour of one Smt. Gangamma, rebel BSP national party candidate who consequently secured 17 votes and was declared elected as President of the CMC. The 2nd respondent/official BSP national party candidate secured only 2 votes in view of petitioners voting in favour of the rebel candidate. On such action of the petitioners, a complaint was filed by the 2nd respondent who was a contestant to the office of President from the BSP national party seeking disqualification of the petitioners. The Deputy Commissioner, after hearing the parties, allowed the complaint and disqualified the petitioners from the membership of the Council on the ground that they had violated the direction and had defected from the party. It is this order of the Deputy Commissioner that is called in question in the writ petition.

5. Heard the learned Senior Counsel Sri Jayakumar S.Patil appearing for the petitioners, learned Senior Counsel Sri A.S. Ponnanna appearing for the 2nd respondent and the learned High Court Government Pleader Sri K.R. Nithyananda appearing for the 1st respondent/ Deputy Commissioner.

6. The learned Senior Counsel appearing for the petitioners would vehemently argue and raise the following contentions viz., that the whip issued was without authority of law; that the whip so issued was never served upon the petitioners; that the order of the Deputy Commissioner does not bear consideration to any of the facts obtaining in the case at hand and it is bereft of reasons.

7. On the other hand, the learned Senior Counsel Sri A.S.Ponanna would refute the submissions and urge the following contentions viz., that the petitioners have resigned from