ORDER

1. The learned AGA accepts notice for respondents No.1

and 2.

2. Sri.Preethan Jude Correa, counsel accepts notice for respondent No.3.

3. The petitioner is before this Court seeking for the following reliefs:

a. Quashed – A order dated 16.12.2023 passed by the

2nd respondent.

b. Issue such other writ, order or direction as maybe deemed necessary in the interest of justice and equity.

4. Respondent No.3 being elected as a councillor to the

Chintamani City Municipal Council, Chintamani was disqualified under Section 3(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987

(for short, ‘the Act’) by the Deputy Commissioner and Election Officer, Chikkaballapur vide order dated 22.04.2022. Challenge made to the said order in W.P.No.10298/2022 was dismissed by this Court vide order dated 30.06.2022 which was challenged in W.A.No.627/2022 wherein the matter was remanded to the Deputy Commissioner. The Deputy Commissioner by an order dated 28.10.2022 once again passed an order of disqualification. The second order of disqualification was challenged by respondent No.3 in W.P.No.22225/2022 which came to be dismissed vide order dated 16.11.2022. The matter being taken up on ap