- 1 - NC: 2025:KHC-D:2770 WP No. 100969 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100969 OF 2025 (LB-RES) BETWEEN: 1. SMT. VIJAYALAKSHMI N. CHALAWADI, AGE: 35 YEARS, OCC: MEMBER, R/O. NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582114. 2. SHRI MALLIKSAB A. RONAD, AGE: 38 YEARS, OCC: MEMBER, R/O. NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582114. 3. SHRI. IRAPPA Y. JOGI, AGE: 36 YEARS, OCC: MEMBER, R/O. NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582114. 4. SHRI FAKIRAPPA B. MALLI, AGE: 40 YEARS, OCC: MEMBER, R/O. NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582114. 5. SHRI KUMARSWAMY C. KORDHANYAMATH, AGE: 39 YEARS, OCC: MEMBER, R/O. NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582114. …PETITIONERS (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, GADAG, TQ: AND DIST: GADAG-582101. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, GADAG, DIST: GADAG-582101. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2770 WP No. 100969 of 2025 3. THE TAHASILDAR/RETURNING OFFICER, TOWN MUNICIPAL COUNCIL, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582101. 4. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG- 582101. 5. THE PRESIDENT, BJP GADAG, R/BY THOTAPPA (RAJU) KURADGI R/O. “SHIVGANGA” SHAMBAPUR ROAD, GADAG, TQ: AND DIST: GADAG- 582103. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R3; NOTICE TO R2, R4 & R5 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASH THE PROCEEDINGS PENDING BEFORE THE RESPONDENT NO-01 IN NO.PURASABE.CHU.VAHI.07.2024-25, PRODUCED AT ANNEXURE-E IN SO FAR PETITIONER NO.1 TO 5 ARE CONSIDERED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 3. 2. Service of notice to respondents No.2, 4 and 5 is dispensed with in view of proposed order to be passed. - 3 - NC: 2025:KHC-D:2770 WP No. 100969 of 2025 3. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in nature of certiorari or any other appropriate writ quash the proceedings pending before the respondent no-01 in No.PURASABE.CHU.VAHI.07.2024-25, produced at Annexure-E in so far petitioner No.1 to 5 are considered in the interest of justice and equity. ii. Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case. 4. What is essentially challenged is the proceedings initiated by respondent No.1 by issuance of notice under Section 3(1)(B) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. Though several contentions have been urged by the counsel for the petitioners that the person who had issued the ‘whip’ was not authorised to do so and the said ‘whip’ has not been properly issued and as such, there is no violation by the petitioners requiring the initiation of proceedings. 5. What can be seen from the records is that only the show cause notice has been issued. It is for the petitioners to submit their objections to the said - 4 - NC: 2025:KHC-D:2770 WP No. 100969 of 2025 show cause notice and this Court cannot at this stage, proceed with the matter and when the matter is pending before the Deputy Commissioner. 6. In that view of the matter, keeping all contentions open and reserving liberty to the petitioners to agitate all the defence before the 1st respondent- Deputy Commissioner, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 9