Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34079 OF 2024 (LB-RES)
BETWEEN:
1. SMT. SUJATHA K P W/O RAMESHA .R, AGED ABOUT 34 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT RESIDING BEHIND POLICE QUARTERS, MARUTHINAGARA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 2. K.S. LINGESH S/O SOMASHEKHARAPPA, AGED ABOUT 64 YEARS, DISTRICT PRESIDENT, JANATHA DAL (SECULAR) PARTY, HASSAN DISTRICT, RESIDENT OF KARIKATTEHALLI, CHATACHATTIHALLI (POST), HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 121. …PETITIONERS (BY SRI. GANGADHARAPPA A V., ADVOCATE)
AND:
1. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201. Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
2. CITY MUNICIPALITY ARSIKERE TOWN, ARSIKERE, HASSAN DISTRICT-573 103 REPRESENTED BY ITS COMMISSIONER. 3. M. SAMIULLA S/O LATE M. MOHAMMED SAHEB, AGED ABOUT 50 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDING AT PANCHAMUKHI TEMPLE ROAD, MARUTHINAGARA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 4. SMT. M. KALAI ARASI W/O L. SUDHAKAR, AGED ABOUT 40 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDING AT HASSAN ROAD LEFT SIDE, 1 CROSS ROAD, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 5. ZAKEER HUSSAIN S/O LATE S. JABBAR, AGED ABOUT 52 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDING AT NO.187, JENUKALNAGARA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 6. MANOHAR S/O MASILAMANI, AGED ABOUT 52 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDING AT NO.364, HASSAN ROAD LEFT SIDE, 1ST CROSS ROAD, ARSIKERE TOWN, HASSAN DISTRICT-573 103. - 3 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
7. SMT. ANNAPOORNA W/O SATISH KUMAR, AGED ABOUT 45 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDENT OF MARUTHINAGARA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 8. ESHWARAPPA K M S/O K.R. MALLESHAPPA, AGED ABOUT 40 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT RESIDENT OF KALANAKOPPALU, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 9. SMT. PREMA W/O T.S. MALLIKARJUNA, AGED ABOUT 46 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT RESIDING AT 2ND BLOCK, LAKSHMIPURA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 10. DAYANANDA S/O VENKATARAMANNA, AGED ABOUT 46 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDENT OF HENJANAGONDANAHALLI BADAVANE, JAJUR POST, KASABA HOBLI, ARSIKERE TALUK, HASSAN DISTRICT-573 103. 11.
G.T. GANESH S/O LATE TAMMEGOWDA, AGED ABOUT 59 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT SRI VENKATESHWARA KRUPA, 2ND CROSS, NEAR B. ED., COLLEGE,
- 4 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
HENJANAGONDANAHALLI BADAVANE, JAJUR POST, KASABA HOBLI, ARSIKERE TALUK, HASSAN DISTRICT-573 103. 12. KANTESH.R S/O LATE J. RAJU, AGED ABOUT 36 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT RESIDENT OF BASAVESHWARANAGARA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 13. E.M. RAJASHEKHAR S/O LATE MURUGENDRAPPA E K AGED ABOUT 55 YEARS MUNICIPAL COUNCILLOR CITY MUNICIPALITY ARSIKERE TOWN, HASSAN DISTRICT RESIDENT OF KARIYAMMANAGUDI BEEDHI ARSIKERE TOWN, HASSAN DISTRICT 573 103. 14. SMT. SHAMABANU W/O MUBARAK PASHA, AGED ABOUT 36 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT RESIDENT OF MUZAVAR MOHALLA, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 15. SMT. RESHMA YUNUS W/O YOUNUS, AGED ABOUT 44 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY, ARSIKERE TOWN, HASSAN DISTRICT, RESIDENT OF M.M. ROAD, ARSIKERE TOWN, HASSAN DISTRICT-573 103. 16. SMT. FAZLOON JAMIL W/O B.S. ABDUL JAMIL AGED ABOUT 40 YEARS, MUNICIPAL COUNCILLOR, CITY MUNICIPALITY ARSIKERE TOWN, HASSAN DISTRICT
- 5 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
RESIDING AT NO.6825, 2ND CROSS, M.N. ROAD, ARSIKERE TOWN, HASSAN DISTRICT-573 103 …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1;
SMT. VIDYA SELVAMONY, ADVOCATE FOR R2;
VIDE ORDER DATED 17.12.24 NOTICE TO R3- R-16D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONDUCT THE EXPEDITIOUSLY DISPOSE OF THE COMPLAINT FILED BY PETITIONERS IN CASE BEARING NO. MUNISI(2)/C/R/NYAPRA/04/2024-25 TRUE COPY OF WHICH IS PRODUCED AS ANNX-A AS PER SECTION 4(1)(a) AND SECTION 4(1)(b) OF KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 1987. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this writ petition is for issuance of a direction to respondent No.1 to dispose of the complaint filed by the petitioners in case bearing No.MuNiSi(2)/C/R/NyaPra/04/2024-25 expeditiously. 2.
It is the case of the petitioners that a complaint under Section 4(1)(a) and Section 4(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 has been filed, complaining of a violation of the provisions of the said Act by the respondents and the Deputy
- 6 -
NC: 2025:KHC:1110 WP No. 34079 of 2024
Commissioner is deliberately dragging the matter and not deciding the same. 3. In view of the fact that the petitioners complain that a complaint has been filed under the provisions of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, it is obvious that the Deputy Commissioner would have to consider the same and dispose of the same expeditiously. 4. It is therefore necessary to direct respondent No.1 to dispose of the complaint within a period of two months from the date of receipt of copy of this order. 5. This writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 9