- 1 - HC-KAR NC: 2025:KHC:47375 WP No. 34601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 34601 OF 2025 (LB-RES) BETWEEN: SRI.B.MUNEGOWDA AGED 62 YEARS DISTRICT PRESIDENT- JANATA DAL SECULAR BANGALORE RURAL DISTRICT OFFICE AT NO. 19/1, JP BHAVANA PLATFORM ROAD, SESHADRIPURAM, BANGALORE 560 020 …PETITIONER (BY SRI.SUSHANTH V. A., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT ADMINISTRATIVE OFFICE, CHAPPARADAKALLU, DODDABALLAPURA-DEVANAHALLI ROAD BANGALORE RURAL - 562 101. 2. THE CHIEF OFFICER VIJAYAPURA TOWN MUNICIPAL COUNCIL, VIJAYAPURA, DEVANAHALLI, BANGALORE RURAL - 562 135 3. C NARAYANASWAMY COUNCILLOR, WARD NO.1, JANATA DAL (SECULAR), AGE ABOUT 55 YEARS R/AT:NAVAGRAHA GUDI BEEDHI Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47375 WP No. 34601 of 2025 VIJAYAPURA TOWN, DEVANAHALLI TALUK-562 135 4. RAJESHWARI BHASKAR COUNCILLOR, WARD NO.2, JANATA DAL (SECULAR), AGE ABOUT 43 YEARS, R/AT: BASAVESHWARA NILAYA, J C LAYOUT, VIJAYAPURA TOWN, DEVANAHALLI TALUK-562 135. 5. RAVI COUNCILLOR, WARD NO. 19, JANATA DAL (SECULAR), AGE ABOUT 42 YEARS, R/AT:GURUPANNA MATHA VIJAYAPURA TOWN, DEVANAHALLI TALUK-562 135. 6. R KAVITHA MUNIANJINAPPA COUNCILLOR, WARD NO.13, JANATA DAL (SECULAR), AGE ABOUT 38 YEARS, R/AT: AMBEDKAR COLONY VIJAYAPURA TOWN, DEVANAHALLI TALUK 562 135 7. RADHAMMA PRAKASH COUNCILLOR, WARD NO.14, JANATA DAL (SECULAR), AGE ABOUT 50 YEARS, R/AT: NO.3205, SUNNAL BEEDHI VIJAYAPURA, DEVANAHALLI TALUK - 562135 8. TAJHUNNISA MEHABOOB PASHA COUNCILLOR, WARD NO. 15, JANATA DAL (SECULAR), AGE ABOUT 37 YEARS, R/AT: TIPPU NAGAR, VIJAYAPURA, DEVANAHALLI TALUK-562135 - 3 - HC-KAR NC: 2025:KHC:47375 WP No. 34601 of 2025 9. BYRE GOWDA M. COUNCILLOR, WARD NO. 17, JANATA DAL (SECULAR), AGE ABOUT 52 YEARS, R/AT: R/AT: GURUPANNA MATHA VIJAYAPURA TOWN, DEVANAHALLI TALUK 562 135 …RESPONDENTS (BY SRI.V.SPOORTY, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION COMMANDING RESPONDENT NO.1 TO DECIDE THE COMPLAINT DATED 27.03.2025 (CASE NO. BRDC-ELE0CLN2/04/2025) FILED UNDER SECTION 4(2) OF THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 1987 WITHIN A TIME BOUND PERIOD TO BE FIXED BY THIS HONORABLE COURT NOT EXCEEDING 15 DAYS FROM THE DATE OF SUCH ORDER; (ANNXURE-B). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.1 to decide the complaint dated 27.03.2025 registered as Case No.BRDC-ELE0ELN/2/4/ 2025 filed under Section 4(2) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 (henceforth referred to as 'the Act, 1987' for short). - 4 - HC-KAR NC: 2025:KHC:47375 WP No. 34601 of 2025 2. The petitioner claims that he has filed a petition for disqualification of respondent Nos.3 to 9 for violating the party whip dated 05.03.2025. The petitioner contends that though the petition was filed before the respondent No.1 on 27.03.2025, the respondent No.1 has not taken any action. He contends under the Act, 1987, the respondent No.1 is bound to consider the petition and dispose it of within 60 days from the date of receipt of a complaint. He therefore prays that the direction be issued to the respondent No.1 to consider the same and dispose it of at the earliest. 3. Learned Additional Government Advocate submits that if reasonable time is granted, the respondent No.1 will consider the same and pass appropriate orders. 4. I have considered the submissions of the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent No.1. 5. As rightly contended by the learned counsel for the petitioner, it is expected of the respondent No.1 to decide a complaint under the Act, 1987, within 60 days as provided under Section 4(2) of the Act, 1987. Since the petition is pending - 5 - HC-KAR NC: 2025:KHC:47375 WP No. 34601 of 2025 consideration from March 2025, the same requires to be expedited. 6. In that view of the matter, the respondent No.1 is directed to consider and dispose off the proceedings as early as possible, at any rate within a period of one month from the date of receipt of a copy of this order. The respondent No.1 shall take up the proceedings on a day to day basis and dispose it of within the time stated above. The respondent Nos.3 to 9 are directed to co- operate with the respondent No.1 in the early disposal of the case. If the respondent Nos.3 to 9 do not co-operate with the respondent No.1, the respondent No.1 shall pass appropriate orders in accordance with law, without awaiting the participation of the respondent Nos.3 to 9. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 41