Elected councillors can be disqualified for abstaining from votes if they fail to prove lack of proper service of a whip under anti-defection laws, as intent and knowledge of proceedings are crucial in determining defection.

ORDER :

R. NATARAJ, J.

The petitioners have challenged an order bearing No.MYSDC/ELN(2)/LB/30/2024(E-599169) dated 23.07.2025 passed by respondent No.1 disqualifying them under the provisions of the Karnataka Local Authorities (Prohibition of Defection Act, 1987 (henceforth referred to as 'Act, 1987 for short).

2. (i) The petitioners are councillors elected to the Nanjangudu City Municipal Council and were sponsored by the Bharatiya Janata Party (BJP). The total strength of the Council is 31 and amongst them, 15 councillors belonged to the BJP, 10 to the Indian National Congress and 03 to the Janatha Dal (Secular) (JD(S)) and 03 were independents. The elections to the offices of President and Vice-President of the Municipal Council, Nanjungudu for the ensuing term were scheduled on 03.09.2024. The post of President was reserved for a candidate belonging to the 'Scheduled Caste', while the post of Vice-President was for 'General Woman' category.

(ii) The State President of the BJP had addressed a letter dated 27.08.2024 to the District President of BJP directing him to issue a whip to all elected Councillors of the Nanjangudu Town Municipal Council belonging to BJP. Accordingly, a meeting of the BJP Councillors was convened at the party office at Nanjungudu on 29.08.2024, under the chairmanship of the District President. At the said meeting, it was resolved that the respondent No.2 would be the official candidate for the post of President and that Smt. Riyana Banu, (a Councillor of JD(S) aligned with the BJP), would be supported for the post of Vice-President. The said decision was purportedly arrived at in view of a coalition between JD(S) and the BJP at the State and National Level. At the said meeting, the petitioners were absent, due to "personal and unavoidable reasons".

(iii) Pursuant to the said resolution, the District President of the BJP issued a whip to all BJP Councillors and in cases where the Councillor was not available, the whip was affixed on the outer door of his or her residence. It is stated that, in the meanwhile the Vice-Presidential candidate - Smt. Riyana Banu had switched over to the Indian National Congress. Consequently, Smt. Manjula a councillor belonging to the BJP was nominated as the candidate for the post of Vice- President. The petitioners did not attend the election due to, "unavoidable reasons". As a result, the candidate of the Indian National Congress was elected as President and Smt. Riyana Banu was elected as the Vice-President.

3. The respondent Nos.2 and 3 therefore alleged that the petitioners had defected and thereby incurred disqualification under the Act, 1987 and hence filed a petition before the respondent No.1. The petitioners objected to the petition, following which, proceedings were held before the respondent No.1. The respondent No.1 after being satisfied that the petitioners had defected passed an order disqualifying the petitioners and debarring them from contesting elections in terms of the impugned order.

4. The petitioners being aggrieved by the said order, are before this Court.

5. The learned counsel for the petitioners raised the following contentions:

(i) That the petitioners were not informed about the meeting of the councillors scheduled on 29.08.2024 and therefore the petitioners cannot be accused of deliberately avoiding the said meeting.

(ii) That the petitioners were not in station owing to unavoidable reasons and that they had intimated the concerned about they would not be attending the meeting scheduled o