Point of Law : Principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi-judicial proceeding if such a proceeding has to inspire confidence in mind of those who are subject to it. [Para 40]

JUDGMENT :

The appellants have called in question the validity of the order of the learned Single Judge passed in W.P.No.105239/2021 [LB-RES] disposed off on 21.04.2022, whereby the petition filed challenging the order of 28.10.2021 disqualifying the appellants from the membership of Sadalaga Town Municipal Council, passed under Section 4(2)(iii) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 [‘the Act’ for brevity], was dismissed.

2. The parties are referred as per their rank in the writ proceedings for the purpose of convenience.

3. The petitioners are Councilors of the Town Municipal Council, Sadalaga and were elected in the Elections held in the year 2018 and were official candidates of Bharatiya Janata Party (B.J.P.). In the Elections held for the post of ‘Adhyaksha’ and ‘Upadhyaksha’ on 02.11.2020, petitioner No.1 had contested for the post of ‘Adhyaksha’ and was elected and petitioner Nos. 2 to 4 had cast their votes in favour of petitioner No.1.

4. On 03.11.2020, it is stated that the President of Bharatiya Janata Party, Chikkodi Lok Sabha Constituency had lodged a complaint before the Deputy Commissioner, alleging that despite issuance of Whip to the Members to vote for the official candidate for the post of ‘President’ Sri Anand Devagouda Patil and for the post of ‘Vice President’ as regards the official candidate Sri Basavaraj Shankara Hanabar, the petitioners had violated the Whip in not voting for the official Party candidates and had requested for initiation of proceedings under the Act.

5. It is further made out from the facts that Sri Anand Devagouda Patil had filed a complaint before the Chief Executive Officer (CEO), TMC raising similar contentions as made by the President of B.J.P. referred to above, which was received by the CEO, TMC, on 04.11.2020. It is further submitted that another complaint is stated to have been filed on 07.11.2020 with similar contents by the President of B.J.P. Chikkodi Lok Sabha Constituency.

6. Initially, the petitioners had challenged the validity of the disqualification proceedings in W.P.No.148736/2020 and against refusal to grant interim order to stay the proceedings of disqualification, Writ Appeal came to be filed in W.P.No.100136/2021, which was disposed off by judgment dated 28.07.2021 with the following observations :

“20. Whether the filing of the complaint was within the stipulated time, whether the same have been addressed and filed before the proper authority and whether the initiation of the proceedings are in accordance with the provisions of the Act are the matters to be decided by the original authority, i.e., the Deputy Commissioner who initiated the proceedings for disqualification. To that extent, the impugned order passed by the learned single Judge has to be modified. The only contradiction in the order of the learned single Judge has to be set-aside. It is always open for the appellants to file objections to the complaint filed before the Deputy Commissioner by the 5th respondent in the proceeding initiated. It is for the Deputy Commissioner to consider all the objections including the violation of the provisions of Section 4(1) and 4(2) of the Act and to proceed and pass orders strictly in accordance with law.

21. With the above observations, the Writ Appeal is disposed off. It is made clear that we have not expressed any opinion on merits and demerits of the case. It is for the Deputy Commissioner to decide the same in accordance with law, after providing sufficient opportunity to both the parties and pass appropriate orders within the time stipulated under law. All the contentions of both the parties are left open to be urged before the Deputy Commissioner.”

7. Subsequently the proceedings came to be resumed by the Deputy Commissioner and upon conclusion of proceedings, order came to be passed on 28.10.2021 allowing the petition and disqualifying the petitioners from membership of Sadalaga Town Municipal Council. As against such order pass