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KARNATAKA HIGH COURT
M.I.ARUN, J
G.S. KIRAN – Appellant
Versus
DEPUTY COMMISSIONER – Respondent
| Table of Content |
|---|
| 1. petitioners contested disqualification from council. (Para 1 , 2 , 3 , 4) |
| 2. examine validity and service of party whip. (Para 6) |
| 3. court affirms whip service and legality. (Para 7 , 8 , 9) |
ORAL ORDER
The petitioners are the councilors of the Town Municipal Council, Gundlupete. They have contested and won the election as candidates of the Bharatiya Janata Party (for short, 'the BJP') in the year 2019.
2. The election for post of president and vice-
president of the Town Municipal Council was held on 04.09.2024. On the ground that, inspite of issuing the necessary whip, petitioner Nos.1 and 2 voted against the party candidate and petitioner Nos.3 to 5 abstained from voting, the petitioners have been disqualified under the provisions of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 . The impugned order of disqualification has been passed by respondent No.1 - the Deputy Commissioner. Aggrieved by the same, the present writ petition is filed.
3. The case of the petitioners is that there was no issuance of a valid whip and even if it is there, the same has not been served on the petitioners and for that reason, the petitioners could not have been dis
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