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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. NATARAJ
Girish Kumar T M, S/o. Mahadeva Naika – Appellant
Versus
Deputy Commissioner – Respondent
| Table of Content |
|---|
| 1. challenge to disqualification order under act, 1987 (Para 1 , 2 , 3 , 4) |
| 2. contentions of petitioners on non-service of whip (Para 5) |
| 3. arguments of respondents highlighting the petitioners' deliberate absence (Para 6 , 7) |
| 4. court's direction to record evidence (Para 8 , 9) |
| 5. analysis of defection under act, 1987 (Para 10 , 14 , 15 , 16) |
| 6. findings on natural justice and whip compliance (Para 18 , 19) |
| 7. final dismissal of writ petition (Para 20 , 21) |
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 Munici
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 ....
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....
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....
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....
High Court in exercising the jurisdiction under Article 227 of the Constitution of India was totally erroneous.
Point of Law : Guise of exercising jurisdiction under Article 227 of the Constitution of India, the High Court cannot convert itself into a court of appeal. It is equally well settled, that the super....
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.
The validity of service of a party whip is crucial for disqualification under the Kerala Local Authorities (Prohibition of Defection) Act; improper consideration of such service undermines due proces....
Point of law: Quash of notices - registration of the rules and the Authorized Officer by the leader of the Municipal Party was only requirement under the rules but it was neither mandatory nor compul....
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