- 1 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22731 OF 2025 (LB-RES) BETWEEN: SRI ANJANAMURTHY N AGED ABOUT 40 YEARS COUNCILLOR, WARD NO. 1 ELECTED FROM JANATA DAL (SECULAR) R/AT NO.1, SADASHIVANAGARA, KSRTC LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT -562123. …PETITIONER (BY SRI. SUSHANTH V.A, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT ADMINISTRATIVE OFFICE, CHAPPARADAKALLU, DODDABALLAPURA-DEVANAHALLI ROAD, BANGALORE RURAL - 562101. 2. THE MUNICIPAL COMMISSIONER NELAMANGALA CITY MUNICIPAL COUNCIL, NELAMANGALA, BANGALORE RURAL - 562123. 3. ANAND G COUNCILLOR, WARD NO.5, JANATA DAL (SECULAR), Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 R/AT DEVANGA ROAD, NELAMANGALA. 4. SHARADA UMESH COUNCILLOR, WARD NO.8, JANATA DAL (SECULAR), R/AT HIPPE ANJINEYA SWAMY LAYOUT, NELAMANGALA. 5. DAKSHYANI RAVIKUMAR COUNCILLOR, WARD NO.9, JANATA DAL (SECULAR), R/AT INDRAMMA LAYOUT, SUBHASHNAGAR, NELAMANGALA 6. B. PADMANAB, COUNCILLOR, WARD NO.13, JANATA DAL (SECULAR), R/AT 1ST CROSS, NO.6979, WEAVERS COLONY, NELAMANGALA 7. BHARATHI BAI W/O NARAYAN RAO, COUNCILLOR, WARD NO.16, JANATA DAL (SECULAR), R/AT YELLAMMA NAGAR, WEAVERS COLONY, NELAMANGALA 8. NARASIMHAMURTHY S/O LATE MARIYAPPA, COUNCILLOR, WARD NO.19, JANATA DAL (SECULAR), R/AT NO.930, RAYAN NAGAR, NELAMANGALA. 9. LATHA HEMANTH KUMAR W/O HEMANTH KUMAR N.P., - 3 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 COUNCILLOR, WARD NO.20, JANATA DAL (SECULAR), R/AT NO.5700, SRI. LAKSHMI LATHA, KEB OFFICE BEHIND ROAD, SUBASHNAGAR, NELAMANGALA. …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R1; SRI.A.NAGARAJAPPA, ADVOCATE FOR R2; V/O DTD: 31.10.2025, NOTICE TO R3 TO R9 IS D/W) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION COMMANDING R-1 TO DECIDE THE COMPLAINT DTD. 03.03.2025 VIDE ANNEXURE-B 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 HONBLE COURT, NOT EXCEEDING 15 DAYS FROM THE DATE OF SUCH ORDER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER 1. Since the petitioner has not sought for any reliefs against the respondent Nos.3 to 9, notice to the said respondents is dispensed. 2. The petitioner claims that he is a councillor of the respondent No.2 and that he had submitted an application to disqualify respondent Nos.3 to 9 as they had defected and incurred the disqualification as provided under Section - 4 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 3(1)(b) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The petitioner contends that though there is a mandate in the Act, 1987 to the respondent No.1 to dispose of the application within 60 days, the respondent No.1 is protracting the proceedings. He submits that the first hearing was fixed on 27.03.2025 and till date no final order is passed. The petitioner, therefore seeks for a writ in the nature of mandamus, directing the respondent No.1 to decide the complaint dated 03.03.2025 filed by him under Sections 3 and 4 of the Act, 1987. 3. The learned AGA for the respondent No.1 submits that the respondent Nos.3 to 9 are protracting the proceedings before the respondent No.1 and therefore, the case could not be taken up. He further submits that if reasonable time is granted, the respondent No.1 would take up the case and dispose it of as expeditiously as possible. - 5 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 4. As rightly contented by the learned counsel for the petitioner, the respondent No.1 is bound to take up cases of defection as provided under the Act, 1987, on priority, since a candidate, who has defected and incurred the disqualification cannot be allowed to participate in the meetings of the respondent No.2. In case, it is found out that the respondent Nos.3 to 9 have defected and incurred the disqualification, there would be a casual vacancy which has to be filled up immediately. Therefore, the mandate in the law requiring the respondent No.1 to dispose of the cases within 60 days has an avowed object and the respondent No.1 cannot ignore that. 5. In that view of the matter, this petition is disposed of, directing the respondent No.1 to conclude 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. 6. The respondent No.1 shall take up the proceedings on a day-to-day basis and dispose of the case as directed. - 6 - HC-KAR NC: 2025:KHC:44387 WP No. 22731 of 2025 The petitioner and the respondent Nos.3 to 9 are directed to co-operate with the respondent No.1 in early disposal of the case and if they fail to do so, the respondent No.1 shall proceed to decide the case without awaiting the participation of the concerned person. Sd/- (R. NATARAJ) JUDGE HA List No.: 1 Sl No.: 12