- 1 - NC: 2025:KHC:13786 WP No. 7648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7648 OF 2025 (LB-RES) BETWEEN: 1. SMT S.CHITHRA, W/O MANOHAR, AGED ABOUT 55 YEARS, CITY MUNICIPAL COUNCILOR, SHIDLAGHATTA, R/AT 1ST WARD, CR EXTENSION, NEAR SHARADA CONVENT, SHIDLAGHATTA - 562 105 2. SRI S.M.MANJUNATH, S/O.S.M.MUNIYAPPA, AGED ABOUT 58 YEARS, CITY MUNICIPAL COUNCILOR, WARD NO.10-2, NAGARATHPETE, 2ND NAGARATHPETE, SHIDLAGHATTA - 562 105 3. SRI ANIL KUMAR L, S/O LAXMINARAYANA. B, AGED ABOUT 38 YEARS, CITY MUNICIPAL COUNCILOR, WARD NO.11, DESHADAPETE, SHIDLAGHATTA - 562 105 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13786 WP No. 7648 of 2025 4. SRI N KRISHNAMURTHY, S/O NARASIMHAMURTHY, AGED ABOUT 39 YEARS, CITY MUNICIPAL COUNCILOR, WARD NO.16-1, TMC AND NARAYANASWAMY LAYOUT, RESIDING AT A.K.COLONY, SHIDHARTH NAGAR, SHIDLAGHATTA - 562 105 5. SRI MANJUNATH.T, S/O THIMMARAYAPPA, AGED ABOUT 38 YEARS, MEMBER OF CITY MUNICIPAL COUNCIL, SHIDLAGHATTA, R/AT 21ST WARD, KAMATIGARA PETE, SHIDLAGHATTA - 562 105 6. JABIULLA, S/O AHMED KHAN, AGED ABOUT 36 YEARS, MEMBER OF CITY MUNICIPAL COUNCIL, SHIDLAGHATTA, R/AT 28TH WARD, MAHABOOB NAGAR, SHIDLAGHATTA - 562 105 7. SMT SHIVAMMA, S/O.MUNIRAJU, AGED ABOUT 35 YEARS, MEMBER OF CITY MUNICIPAL COUNCIL, SHIDLAGHATTA, R/AT 7TH WARD, SIDDARTH NAGARA, SHIDLAGHATTA - 562 105 … PETITIONERS (BY SRI. H.R. NARAYANA RAO, ADVOCATE) - 3 - NC: 2025:KHC:13786 WP No. 7648 of 2025 AND: 1. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA- 562 101 2. SRI.K.N.KESHAVA REDDY, S/O K.P.NARASIMHA REDDY, AGED ABOUT 53 YEARS, PRESIDENT, CHIKKABALLAPURA DISTRICT CONGRESS COMMITTEE, NO.32, G.KUTOORU GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT- 562 105 ALSO RESIDING AT NO.1460, CMC LAYOUT, NEAR B.B.ROAD, CHIKKABALLAPURA- 561 101 3. SRI M SRINIVAS, S/O.MUNIKRISHNAPPA, AGE: MAJOR, CITY MUNICIPAL COUNCILOR, WARD NO.31, KADIRI PALYA, GANDHINAGAR, SHIDLAGHATTA - 562 105 … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SRI. A. MOHAMMED JAHIR, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 05.03.2025 IN CASE NO. ELN(2) CR.02/2024-25 ON THE FILE OF THE R-1 AT ANNEXURE-A AND CONSEQUENTLY AND ETC. - 4 - NC: 2025:KHC:13786 WP No. 7648 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have sought for setting aside of the order dated 05.03.2025 at Annexure-A whereby the stage of the case which was set out for cross-examination of the complainant was closed and the matter was reserved for orders. 2. Various contentions have been raised by the petitioner to the effect that no sufficient opportunity was granted. 3. After hearing the matter for sometime, it is found appropriate to remit the matter back to the Deputy Commissioner to proceed with the proceedings from the stage of cross-examination of the complainant. 4. Learned counsel appearing for the petitioners submits that petitioner would not seek for adjournment, if an opportunity is granted. - 5 - NC: 2025:KHC:13786 WP No. 7648 of 2025 5. Taking note of the necessity for completing such proceedings within a time frame as stipulated under Section 4(2) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, it is necessary that the proceedings ought to be concluded by the Deputy Commissioner without any unnecessary delay. 6. Accordingly, the order dated 05.03.2025 is set aside and the proceedings are restored to the stage of cross-examination of the complainant by the petitioners herein. 7. Petitioners not to take any adjournment on the date fixed by the Deputy Commissioner and co-operate for expeditious disposal of the proceedings. The undertaking of the petitioners to co-operate for expeditious disposal of the proceedings is taken note of. 8. The submission of the learned counsel appearing for the State that proceedings will be taken on day-to-day basis subject to availability of the Deputy - 6 - NC: 2025:KHC:13786 WP No. 7648 of 2025 Commissioner is taken on record and it is also submitted that the Deputy Commissioner will endeavour to conclude the proceedings within 7 working days is also taken on record. Needless to state that the Deputy Commissioner may assign necessary dates and petitioners not to take any unnecessary adjournment. 9. Petitioners to mark their presence before the Deputy Commissioner on 07.04.2025 at 3.00 p.m. 10. In light of the observations made above, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP