Court : Karnataka
Reported in : ILR1988KAR1005
..... petitions the constitutional validity of the karnataka local authorities (prohibition of defection) act, 1987 (hereinafter referred to as the act) is challenged by the petitioners ..... did not contemplate that membership of a political party is one of the essential features for the establishment of panchayat raj and that is the reason the preamble to the act makes it clear that the act is meant to prohibit defection by the members of the zilla parishad and mandal panchayat from the political parties by which they were set up as candidates and the matters connected therewith. ..... absolute bar to vote or to refrain from voting subject to the restrictions contained in the provisions of section 3 of the act; that the 10th schedule incorporated in the constitution by the 52nd amendment to the constitution imposes certain disqualifications on defectors and the same disqualifications are incorporated under the provisions of the act; that the disqualifications prescribed under the constitution are found under article 102(2) and article 191 of the ..... state of bihar and others, : [1977]2scr306 , submitted that the disqualification prescribed under the act also extends to local bodies and the machinery prescribed for deciding whether a person has been disqualified himself is adequate for the purpose of adjudicating such disqualification; that the act prescribes a summary enquiry and that is sufficient for the adjudication of disqualification since the proceedings of election would ..... 1977 ..... 1977 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2675
..... in these appeals the questions pertain to the interpretation and validity of the karnataka local authorities (prohibition of defection) act, 1987 (referred as 'the act' hereinafter).2. ..... the concerned member can seek condonation of his delinquent conduct from his party, before the complaint against defection is decided by the authority under section 4. ..... this is clear from the statement at page 176:'retrospectively is sought to be given to the amending act so that they could not claim that they were even government servants and so could not be made to cease to be government servants and so that they could not claim that were singled out for differential ..... when the authority takes up the case for decision under section 4, the disqualification has to be established. ..... after considering several decisions, the supreme court, observes at para-12, --'now, section 57 of the bombay police act, 1951, does not create a new offence nor makes punishable that which was not an offence. ..... the section only enables the authorities to take note of their convictions and to put them outside the area of their activities, so that the public may be protected against a repetition of such activities. ..... the impact of section 3 is on the eligibility of a person who defects from his party. ..... a 'prohibition' can operate only prospectively ; the intention of the legislature, as disclosed from the preamble to the act and from section 3 thereof, is to 'prohibit', defection. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR3104; 2004(2)KarLJ375
..... a member of mysore zilla panchayat calls in question the correctness or otherwise of an order passed by the commissioner, state election commission dated 30.11.2002, on a complaint filed by some of the members of zilla panchayat in exercise of his powers under section 3(1)(b) of the karnataka local authorities (prohibition of defection) act 1987, (hereinafter for the sake of brevity referred to as 'prohibition act')2. ..... to answer this precise issue the provisions of the karnataka local authorities (prohibition on defection) act, 1987 (the act' for short), requires to be noticed first.the preamble of the act gives and indication of the purpose and object of the act. ..... the act is made to prohibit defection by the councilors of municipal corporations, municipal councils, town panchayats and members of zilla panchayats and taluk panchayats from the political parties by which they were set up as candidates and matters connected therewith.a member's is defined to mean member of zilla panchayath or a taluk panchayat elected under the karnataka panchyat raj act, 1993.13. ..... the onus is on the complainants to prove, their allegations made in the complaints filed before state election commission under the provisions or prohibition of defection act. ..... if this conclusion of mine is correct, then it could be safely said that the ingredients of provisions of section 3(1)(b) of the act are not satisfied and therefore, the respondent authority was not justified in passing the impugned order.24. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR47
..... this writ petition is filed by the two municipal councilors of dandeli city municipal council challenging the order passed by the deputy commissioner, karwar disqualifying them under section 3(1)(b) of the anti defection act, karnataka local authorities (prohibition of defection) act, 1987.2. ..... the karnataka local authorities (prohibition of defection) act, 1987 for short hereinafter referred to as 'the act' was enacted by the karnataka state legislature providing for prohibition of defection by members of zilla parishads, mandal panchayats and councilors of municipal corporations and the city and town municipal councils from the political parties by which they were set up as candidates. ..... section 4 of the act empowers the chief executive officer of the concerned local authority to enquire into the complaints filed under section 3 in respect of disqualification on the ground of defection. ..... where the words are clear, there is no absurdity, there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to innovate to take upon itself the task of amending or altering the statutory provisions. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR5199; 2003(1)KarLJ423
..... being declared, respondents 3 to 7 herein filed a complaint under section 3(1)(b) of the karnataka local authorities (prohibition of defection) act, 1987 (hereinafter referred to as the 'act' for brevity) before the deputy commissioner, mysore for disqualifying the writ petitioners herein as having violated the provisions of the act. ..... karnataka local authorities (prohibition of defection) act, 1987 is passed to put an end to the defections of councillors elected to various local ..... months from the date of commencement of his term, of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, within six months from such date. ..... of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, after expiry of six months from such date. ..... the congress party had issued a whip to the petitioners' was very heavy on the complainants and the same is not discharged by leading any positive evidence.no doubt, the nature of trial under section 4 of the act, having regard to the serious consequences, namely, the political career of a person will be at stake, and unseating a person from office in whom majority of the electorate had reposed confidence, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR2781; 1990(2)KarLJ221
..... the appellants received a notice dated 7th july, 1989 from the chief secretary, hassan district zilla parishad, hassan, calling upon them to show cause why they should not be disqualified under section 3(1)(a) read with section 4(1)(a) of the karnataka local authorities (prohibition of defection) act, 1987, stating that a complaint had been preferred by president, hassan district janata party, hassan (m.g. ..... on this complaint, a notice was issued by the chief secretary, hassan district zilla parishad on 7-7-1989 calling upon these appellants why they should not be disqualified under section 3(1)(a) of the karnataka local authorities (prohibition of defection) act, 1987 (hereinafter referred to as the act). ..... in order to appreciate these respective arguments of the appellants and the respondents, it is necessary on our part to refer to the important provisions of the karnataka local authorities (prohibition of defection) act, 1987. ..... decision on the question as to disqualification on the ground of defection - where a complaint of defection is received from a member or councillor or a political party by the chief executive officer of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to -(1) in the case of zilla parishad, to the chief secretary to government;(2) in the case of municipal corporation, to the divisional commissioner;(3) in .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(6)KarLJ324
..... this has made the complainants to file complaint before the state election commission to take appropriate action under the provisions of the karnataka local authorities (prohibition of defection) act, 1987 (hereinafter referred to as the 'act'). ..... the object of the enactment, as seen from the preamble, reads as follows: 'an act to prohibit defection by the councillors of municipal corporations (municipal councils, town panchayats and members of zilla panchayats and taluk panchayats), from the political parties by which they were set up as candidates and matters connected therewith. ..... the learned counsel appearing for the petitioners sri manjunath relied upon the decision of the supreme court referred to supra and submits that only in two situations, section 3 of the act is to be considered in order to disqualify the persons from continuing as a member of the taluk panchayat, that is in the case where there was a change of government and it is contrary to the policy of the government. ..... 1493 has held as follows: 'the election commissioner while exercising jurisdiction under section 4 of the act acts as a statutory tribunal for determination of questions of fact and law involved in a dispute touching upon the disqualification of a member. ..... further, under section 3(b) of the act, a person, who has been authorised by a political party has the power to issue whip/direction. ..... section 2(vi) defines political party. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1637
..... the learned counsel for the petitioners contended that the impugned order is vitiated for non-compliance with the requirement of section 4 of the karnataka local authorities (prohibition of defection) act (in short the 'act') in as much as the secretary of the mandal panchayat should have referred the complaint to the chief secretary, zilla parishat within 24 hours from the receipt of such a complaint for his decision and further the chief ..... section 4 of the act reads thus:'decision on the question as to disqualification on the ground of defection -(1) where a complaint under sub-section (1) is received by the chief executive officer of the concerned local authority, he shall, within twenty four hours from the receipt of such complaint, refer the same for decision to - (i) in the case of zilla parishad, to the chief secretary to government;(ii) in the case of municipal corporation, to the divisional ..... the whip, original of which is in the records, is dated 26-12-1987 and it is attached to the certificate of posting containing the names of the 11 party members ..... the voting took place on 30-12-1987 and the complaint was lodged by the janata party secretary addressed to the secretary, mandal panchayat on 14-1-1988 ..... at any rate there is no allegation that the petitioners were not on speaking terms with the other members of the same party when voting took place on 30-12-1987. ..... on 30-12-1987, an ordinary meeting of the mandal panchayat was convened and the petitioners participated in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2012KAR18; 2012(1)KCCR178(DB); 2012(1)KantLJ656(DB); 2012(1)KarLJ656
..... consequence of such dismissal is that the order passed by the deputy commissioner dated 14.06.2011 disqualifying the appellant from the membership of the town panchayath, nagamangala, under section 3(1)(a) of the karnataka local authorities (prohibition of defection) act, 1987 (for short the act, 1987') is upheld, though the learned single judge arrives at the conclusion that the disqualification under section 3(1)(b) would not be attracted.2. ..... is issued with authority given to me under section 3(1)(a) and (b) of the karnataka local authorities (prohibition of defection) act 1987."14. ..... others except reinforcing the view taken by the learned single judge with regard to the whip not being valid and therefore not attracting section 3(1)(b) of the act, 1987, the same does not cover the other aspect decided by the learned single judge relating to section 3(1)(a) of the act, 1987 in the present context and the same would have to be examined by us separately as arising in the instant case.12. ..... at the conclusion that a valid whip had not been issued and the disqualification in the instant case is not as contemplated under section 3(1)(b) of the act, 1987 which is in conformity with the decision of this bench, it is his further contention that the conclusion that the conduct amounts to voluntarily giving up membership of party to incur disqualification under section 3(1)(a) of the act, 1987 is justified and as such, the order of the learned single judge does not call for interference. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3723; 1991(3)KarLJ163
..... therefore a question arose whether they were liable to be disqualified under section 4 of the karnataka local authorities (prohibition of defection) act, 1987 (for short the act), the chief secretary, bijapur zilla parishad, by his order dated 27-1-1988, came to the conclusion, that they had acted in defiance of the party whip and therefore, they are liable to be ..... we will do well to extract the particular sub-section:'(2) where a complaint under sub-section (1) is received by the chief executive officer of the concerned local authority, he shall, within twenty-four hours from the receipt of such complaint, refer the same for decision to - (i) in the case of zilla parishad, to the chief secretary to government; (ii) in the case of municipal corporation, to the divisional commissioner; ..... , (1) requiring the chief executive officer of the concerned local authority to refer the complaint to the chief secretary within 24 hours and (2) requiring the chief secretary to decide the question within 7 days after receipt of such reference, if there has been a disobedience thereof, the order is liable ..... , it is enough to hold that in this case, there has been due service of notice by virtue of the fact that the notice has been sent by post under 'certificate of posting' and the presumption arises under section 114(f) of the indian evidence act that the letter has been duly delivered to the addressee as the letter has been addressed to the residential address of the respondent tenant. .....
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