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S. R. KRISHNA KUMAR
Sudha W/o Somanath – Appellant
Versus
Deputy Commissioner, Koppal at Koppal – Respondent
ORDER :
This petition is directed against the impugned order dated 10.05.2022 passed by the first respondent-Deputy Commissioner whereby the petitioner was disqualified from the membership of the second respondent-City Municipal Council (CMC), Gangavathi under Section 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (for short ‘the said Act of 1987’) pursuant to a complaint filed by the third respondent.
2. Heard Sri Jayakumar S. Patil, learned Senior Counsel for the petitioner and Sri S.S. Yadrami, learned Senior Counsel for the third respondent as well as the learned HCGP for first respondent-State and learned counsel for second respondent-CMC and perused the material on record.
3. In addition to reiterating the various contentions as urged in the memorandum of writ petition, learned Senior Counsel for the petitioner invited my attention to the document at Ex.P.6 marked on behalf of the third respondent in the proceedings before the first respondent in order to point out that the said communication at Ex.P.6 dated 24.10.2020 authorizes the third respondent herein only to issue the whip but does not authorize him to file a complaint under Section 4 of the sai
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....
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....
A proven party direction is essential for disqualification under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, and the nomination of a party candidate does not automatically c....
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....
Comparative Citation: 2011 (1) KCCR 476
High Court in exercising the jurisdiction under Article 227 of the Constitution of India was totally erroneous.
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