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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 8^TH DAY OF DECEMBER 2021

PRESENT

THE HON’BLE MR.JUSTICE R. DEVDAS

AND

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

WRIT APPEAL NO.200167/2021 (LB)

BETWEEN:

1.

HASIMPEER RAJAKASAB ALAND

AGE 38 YEARS,

OCC: MUNICIPALITY MEMBER,

R/O: TEKIA GALLI, TIPPU SULTAN CIRCLE

SINDHAGI, TQ SINDHAGI

DIST VIJAYAPUR-586128

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 586128

3.

SMT. PRATIBHA W/O SHIVAKUMAR KALLUR

AGE 29 YEARS, OCC: MUNICIPALITY MEMBER,

R/O: VIDYANAGAR 4^th CROSS, SINDHAGI

TQ: SINDHAGI, DIST VIJAYAPUR-586128

4.

SMT. TAHASIN BANU W/O ABID MULLA

AGE 40 YEARS,

OCC MUNICIPALITY MEMBER,

2

R/O: TEKIA GALLI,

TIPPU SULTAN CIRCLE, SINDHAGI

TQ SINDHAGI, DIST VIJAYAPUR-586128

...APPELLANTS

(BY SRI.JAYAKUMAR S.PATIL, SR.COUNSEL FOR

SRI.AMRESH S ROJA, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

DEPARTMENT OF MUNICIPAL ADMINISTRATON

M.S BUILDING, BANGALORE-1,

REPRESENTED BY ITS SECRETARY

2.

THE DEPUTY COMMISSIONER

VIJAYAPUR-586101.

3.

THE TAHASILDAR

SINDHAGI, DIST VIJAYAPUR-586128.

4.

THE CHIEF OFFICER

CITY MUNICIPAL COUNCIL,

SINDHAGI, DIST VIJAYAPUR-586128.

5.

H.R ALGUR

AGE 60 YEARS,

OCC: DISTRICT CONGRESS PRESIDENT,

R/O: CONGRESS OFFICE COURT ROAD,

VIJAYPUR-586101.

6.

SHARANAPPA S/O TIPPANNA SUNAGAR

AGE 64 YEARS,

OCC EX MLA SINDAGI

R/O: TIPPU SULTAN CIRCLE SINDAGI

TQ SINDHAGI, DIST VIJAYAPURA-586128.

….RESPONDENTS

(BY SRI.SHIVAKUMAR R.TENGLI, AGA FOR R1 TO R3

SRI. SANGANABASAVA B.PATILS, ADV. FOR R4

SRI. B.C.JAKA, ADV. FOR R5

SRI. SHIVAKUMAR KALLOOR, ADV. FOR R6 )

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THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA

HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED

IN WRIT PETITION NO. 201461/2021 DATED 04/10/2021, BY

ALLOWING THE WRIT PETITION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY,

R.DEVDAS J., DELIVERED THE FOLLOWING:

JUDGMENT

R. DEVDAS J., (ORAL):

This intra-Court writ appeal is filed by the writ

petitioners whose challenge raised to the order of

disqualification dated 22.07.2021 passed by the

competent authority, Deputy Commissioner, was

rejected by the learned Single Judge.

2.

The appellants were elected as Councilors

to the City Municipal Council (for short ‘CMC’) Sindagi,

from the Indian National Congress (for short ‘INC’).

The election to the post of President and Vice-

President of CMC was held on 03.11.2020. It appears

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that the appellants disobeyed the whip issued by the

party through the authorized person and cross voted

in favour of a candidate from Janata Dal (Secular).

Alleging the said disobedience, the respondent No.5-

District Congress President, lodged a complaint on

09.11.2020, with the Election Officer, to refer the

complaint to the Deputy Commissioner, for his

consideration and decision, under the provisions of the

Karnataka Local Authorities (Prohibition of Defection)

Act,

1987

(for

short

‘the

Act’).

The

Deputy

Commissioner, having considered the material on

record, held that the appellants herein disobeyed the

whip issued by authorized person and consequently

passed an order disqualifying the appellants herein

from the membership of CMC.

3.

Learned

Senior

Counsel

Sri.Jayakumar

S.Patil, appearing for the appellants draws attention of

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this Court to a decision of the Hon’ble Supreme Court

in the case of Sadashiv H.Patil Vs. Vithal D.Teke

and Others, (2000) 8 SCC 82, to contend that the

declaration of law has been reiterated by the Hon’ble

Supreme Court having regard to the consequences

that befall an elected member of the local body that it

is not only on the elected member but also on the

constituency represented by him, which would seize to

be represented on account of his hav