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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JUNE, 2022

BEFORE

THE HON9BLE MR. JUSTICE R.NATARAJ

WRIT PETITION NO.10298 OF 2022 (LB-RES)

BETWEEN:

SRI. MOHAMMED SHAFEEQ

SON OF SRI. ABDUL JALEEL

AGED ABOUT 36 YEARS,

RESIDING AT NO.214, 3^RD CROSS,

SRINIVASAPURA ROAD, SONNASHETTY HALLI,

CHIKKABALLAPURA DISTRICT ,

CHINTAMANI-563 125.

...PETITIONER

(BY SRI. D.N.NANJUNDA REDDY, SENIOR ADVOCATE A/W

SRI. ROHAN HOSMATH, ADVOCATE)

AND:

1.

DEPUTY COMMISSIONER AND DISTRICT

ELECTION OFFICER,

CHIKKABALLAPURA

DISTRICT OFFICES COMPLEX,

SIDLAGHATTA ROAD,

CHIKBALLAPUR-562 101

2.

SRI. K.M. MUNEGOWDA

SON OF LATE MUNIVEKATAPPA

AGED MAJOR,

DISTRICT PRESIDENT, JANADA DAL(S)

OPPOSITE TO IOCL PETROL BANK,

B.B. ROAD, CHIKKABALLAPURA-562 101.

3.

CHIEF OFFICER,

CHINTAMANI MUNCIPAL COUNCIL

2

BANGALORE ROAD, WARD NO.10,

N.R. LAYOUT, CHIKKABALLAPUR DISTRICT

CHINTAMANI-562 160.

4.

KARNATAKA STATE ELECTION COMMISSION

KSCMF BUILDING, NO.8, 1^ST FLOOR,

CUNNIGHAM ROAD, VASANTH NAGAR,

BENGALURU-560052

REP. BY ITS COMMISSIONER

&RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, ADDITIONAL GOVERNMENT

ADVCOATE FOR RESPONDENT NO.1;

SMT.

C.S.RADHA

JAYANTHI,

ADVOCATE

FOR

CAVEATOR

RESPONDENT NO.2;

SMT. VAISHALI HEGDE, ADVOCATE FOR RESPONDENT NO.4;

NOTICE SERVED ON RESPONDENT NO.3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE IMPUGNED ORDER PASSED BY RESPONDENT NO.1 DATED

22.04.2022 BEARING No.ELN(2) SR.06/2019-20 (PART-II)

PRODUCED AS ANNEXURE-K.

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 16.06.2022 AND COMING ON FOR

PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

The petitioner, an erstwhile councillor of the

respondent No.3, has filed this writ petition challenging the

order dated 22.04.2022 passed by the respondent No.1 in

case

No.ELN(2)SR.06/2019-20,

by

which

he

was

disqualified under Section 4 of the Karnataka Local

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Authorities (Prohibition of Defection) Act, 1987 (henceforth

referred to as "Act of 1987" for short).

2.

The petitioner claims that he was elected as a

Councillor of the respondent No.3 from Ward No.18 of

Keerthinagar at the elections held on 14.11.2019. The

petitioner was sponsored by the Karnataka Pradesha

Janata Dal (Secular) Party. The Councillors of respondent

No.3, who were elected from the various political parties

are as follows:

Sl.

No.

Party

No. of

Councillors

1.

Janata Dal (S)

14

2.

Bhartiya Praja Party

14

3.

Congress (I)

1

4.

Independent candidates

2

Total

31

3.

In terms of a Notification dated 22.10.2020,

the respondent No.1 notified elections to fill the seats of

President and Vice-President of the respondent No.3 on

01.11.2020. The petitioner claims that after the calendar

of events was published, a 'whip notice' was allegedly

issued on 29.10.2020 by Sri. H.K.Kumaraswamy, the State

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President of JD(S) Party, directing its members to cast

their vote in favour of Smt. T.V.Manjula (for President) and

Smt.S.Manjula (for Vice-President), who were candidates

of the JD(S) Party.

4.

At

the

election

that

was

conducted

on

01.11.2020, the candidates of Bharatiya Praja Party were

declared as the returned candidates for the posts of

President and Vice-President. Later, the respondent No.2

being a District President of JD(S) Party, addressed a

complaint directly to the respondent No.1 on 03.11.2020

alleging that the petitioner had violated the whip issued by

Sri. H.K.Kumaraswamy. The petitioner claims that this

complaint did not refer to any resolution or other

document authorising the respondent No.2 to lodge a

complaint under Section 4 of the Act, 1987. Later on

18.11.2020, Sri. H.K.Kumaraswamy, the State President of

JD(S) lodged a complaint to the Commissioner, City

Municipal Cou