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Suresh, S/o. Annasaheb Udagave – Appellant
Versus
State of Karnataka, Rep. by its Secretary Department of Urban Development – Respondent
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 M
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 con....
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
The main legal point established in the judgment is the requirement for clear communication of the direction issued by a political party to its councilors to invoke the provisions of the Karnataka Lo....
Decisions impacting rights of elected representatives must adhere to natural justice, including providing notice and opportunity for hearing.
High Court in exercising the jurisdiction under Article 227 of the Constitution of India was totally erroneous.
Only a member, councillor, or political party can file a complaint regarding disqualification on the ground of defection under Section 4 of the Karnataka Local Authorities (Prohibition of Defection) ....
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 dr....
Service of a political party whip is deemed effective under the General Clauses Act when properly addressed and posted, presuming the recipient's awareness of its contents.
Point of Law- In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative....
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