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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 4^TH DAY OF OCTOBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE R. NATARAJ

W. P. No.201461/2021 (LB-ELE)

BETWEEN:

1. HASIMPEER RAJAKSAB ALAND,

AGE:38 YEARS,

OCC:MUNICIPALITY MEMBER

R/O TEKIA GALLI TIPPU SULTAN

CIRCLE SINDHAGI

TQ. SINDHAGI, DIST. VIJAYAPUR-586 128.

2. SHRISHAIL

S/O MALLAPPA BEERGOND,

AGE:31 YEARS, OCC:MUNICIPALITY MEMBER

R/O WARD NO.3

PUJARI GALLI KANAKADAS CIRCLE

SINDAGI

TQ. SINDHAGI, DIST. VIJAYAPUR-586 128

3. SMT. PRATIBHA

W/O SHIVAKUMAR KALLUR,

AGE:29 YEARS,

OCC: MUNICIPALITY MEMBER

R/O VIDYANAGAR 4^TH CROSS SINDAGI,

TQ. SINDHAGI,

DIST: VIJAYAPUR-586 128

4. SMT. TAHASIN BANU

W/O ABID MULLA,

AGE:40 YEARS,

OCC: MUNICIPALITY MEMBER

R/O TEKIA GALLI TIPPU SULTAN

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CIRCLE SINDHAGI

TQ. SINDHAGI,

DIST:VIJAYAPUR-586 128.

PETITIONERS

(BY SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE ALONG

WITH SRI AMRESH S. ROJA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

DEPARTMENT OF MUNICIPAL ADMINISTRATION,

M.S. BUILDING, BANGALORE-1,

REPRESENTED BY ITS SECRETARY.

2. THE DEPUTY COMMISSIONER,

VIJAYAPUR-586 101

3. THE TAHASILDAR,

SINDHAGI,

DIST: VIJAYAPUR-586 128.

4. THE CHIEF OFFICER,

CITY MUNICIPAL COUNCIL,

SINDHAGI, DIST: VIJAYAPUR-586 128

5. H.R. ALGUR,

AGE:60 YEARS,

OCC: DISTRICT CONGRESS PRESIDENT,

R/O CONGRESS OFFICE COURT ROAD

VIJAYPUR-586 101.

6. SHARANAPPA,

S/O TIPPANNA SUNAGAR,

AGE:64 YEARS,

OCC: EX MLA SINDAGI

R/O TIPPU SULTAN CIRCLE SINDAGI

TQ. SINDHAGI,

DIST: VIJAYAPUR-586 128.

… RESPONDENTS

(SRI SHIVAKUMAR KOLLOOR, ADVOCATE FOR

CAVEATORS/RESPONDENT NOS.5 AND 6

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SMT. ANURADHA M. DESAI, GOVERNMENT ADVOCATE FOR

RESPONDENT NOS.1 TO 3

NOTICE TO RESPONDENT NO.4 IS DISPENSED WITH VIDE

ORDER DATED 09.08.2021)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY

OTHER APPROPRIATE WRIT OR DIRECTION QUASHING

THE IMPUGNED ORDER UNDER ANNEXURE-J DATED

22.07.2021

IN

REFERENCE

NO.KAVI/CHUNAVANE/CR-

41/2020-21 PASSED BY THE RESPONDENT No.2, IN THE

INTEREST OF JUSTICE.

THIS WRIT PETITION HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT ON 09.08.2021 AND COMING

ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Though this writ petition was listed for preliminary

hearing, since the contesting respondent No.5 has entered

caveat and the learned counsel for the parties consented

for taking up the writ petition for final disposal, the same

was finally heard.

2.

This writ petition is filed challenging the order

passed by the respondent No.2 dated 22.07.2021 in

Reference No.KaVi/Chunavane/CR-41/2020-21, by which

the petitioners were disqualified under the provisions of

the Karnataka Local Authorities (Prohibition of Defection)

Act, 1987 (henceforth referred to as "the Act of 1987” ).

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3.

The writ petition discloses that the councillors

of the respondent No.4 - City Municipal Council were

elected at the elections held on 8.10.2020. The following

were the party-wise distribution of seats in the respondent

No.4:

Party

Number

of seats

Indian National Congress

11

Janata Dal (Secular)

06

Bharatiya Janata Party

03

Independents

03

Total

23

4.

In the present case, the petitioners were all

elected councillors from the Indian National Congress

(henceforth referred to as 'INC' in short). It was

contended that two independent councillors had joined INC

and thus their strength in respondent No.4 was increased

to 13.

5.

The election to the post of President and Vice

President of the respondent No.4 was held on 03.11.2020.

It is stated that at the said election, the petitioners

disobeyed a whip issued by their party and cross voted in

favour of a candidate from Janata Dal (Secular) (for short,

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'JD(S)' and another who were declared as the returned

candidates for the post of President and Vice President.

6.

The respon