- 1 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6379 OF 2025 (LB-RES) BETWEEN: 1. G.S. KIRAN S/O SHIVASHANKAR AGED ABOUT 35 YEARS WARD NO.4, TOWN MUNICIPAL COUNCILLOR R/AT NO. 279, SHIVABYRAVA NILAYA MARIGUDI ROAD, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 2. HEENA KAUSAR W/O ABDHUL NAVEED, AGED ABOUT 32 YEARS, WARD NO.3, TOWN MUNICIPAL COUNCILLOR R/AT 218, ZAKIR HUSSAIN NAGAR, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 3. RAMESH S/O G.D. SHIVANNA, AGED ABOUT 59 YEARS, WARD NO.22, TOWN MUNICIPAL COUNCILLOR R/AT 22, VISHWAMANAVA ROAD, KUVEMPUNAGAR, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 4. RANI LAKSHMIDEVI Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 W/O BASAVARAJU N AGED ABOUT 42 YEARS WARD NO.20, TOWN MUNICIPAL COUNCILLOR R/AT MADHYADA BEEDHI, HOSUR, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 5. VEENA W/O S MANJUNATH AGED ABOUT 43 YEARS WARD NO.23, TOWN MUNICIPAL COUNCILLOR R/AT GUNDLUPET TMC, DUNDASUNAPURA EXTENSION, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 …PETITIONERS (BY SRI. JAGADEESH C.M., ADVOCATE) AND: 1. DEPUTY COMMISSIONER CHAMARAJNAGAR DISTRICT CHAMARAJANAGARA - 571 111 2. CHIEF OFFICER, TOWN MUNICIPALITY, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 3. GIRISH P. S/O PUTTARAJU AGED ABOUT 52 YEARS R/AT NO.241, NAYAKARA BEEDI, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 - 3 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 4. KUMAR S S/O SHIVARUDRANAIKA AGED ABOUT 46 YEARS R/AT NO.220, THOTADA BEEDHI, 15TH WARD, 4TH DIVISION, GUNDLUPETE TOWN, CHAMARAJNAGAR DISTRICT - 571 111 …RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1 SRI. M.R. RAJAGOPAL, SENIOR COUNSEL FOR SRI. P. ANAND, ADVOCATE FOR R3 AND R4 R2-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED DEPUTY COMMISSIONER CHAMARAJANAGA DISTRICT CHAMARAJANAGAR IN ELECTION PETITION NO. ELN(3)CR.08.2024-25 DATED 30.01.2025 BY DISMISSING THE COMPLAINANT FILED BY THE R-3 AND 4. THIS PETITION, COMING ON FOR FURTHER HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 ORAL ORDER The petitioners are the councilors of the Town Municipal Council, Gundlupete. They have contested and won the election as candidates of the Bharatiya Janata Party (for short, 'the BJP') in the year 2019. 2. The election for post of president and vice- president of the Town Municipal Council was held on 04.09.2024. On the ground that, inspite of issuing the necessary whip, petitioner Nos.1 and 2 voted against the party candidate and petitioner Nos.3 to 5 abstained from voting, the petitioners have been disqualified under the provisions of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The impugned order of disqualification has been passed by respondent No.1 - the Deputy Commissioner. Aggrieved by the same, the present writ petition is filed. 3. The case of the petitioners is that there was no issuance of a valid whip and even if it is there, the same - 5 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 has not been served on the petitioners and for that reason, the petitioners could not have been disqualified. 4. Per contra, the respondents submits that the party State president of the BJP delegated the authority to issue the whip to the District President of BJP, Chamarajanagar. In pursuance of such delegation he has issued the necessary whip directing all the councilors elected from the BJP to vote for the official candidate of the BJP for the post of Vice-president (respondent No.4). 5. The question that arises for consideration is: i. Whether there was due delegation for issuance of a whip from the State President of the BJP to the District President of the BJP, Chamaraja Nagar? ii. Whether the District President of the BJP, Chamaraja Nagar, has served the whip on the petitioners herein to vote for respondent No.4 in the election for the - 6 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 post of Vice-president conducted on 04.09.2024? 6. The learned Additional Government Advocate has produced the original records for verification. It is seen that by letter dated 04.09.2024, the State BJP President has delegated the power to choose the candidate and issue the necessary whip to the District BJP President, Chamaraja Nagar. In pursuance of the same, the District BJP President, Chamaraja Nagar has issued a whip to all the BJP councilors. The same has been sought to be served on the petitioners herein through WhatsApp messages, courier service, as well as by affixing the copy of the whip on the door of their respective houses. Photographs regarding the same are produced. 7. Regarding WhatsApp messages, it is submitted by the respondents that the same has been sent to the mobile number of the petitioners and screenshots of the same have been produced for the perusal of this Court. Regarding the service made on the petitioners through - 7 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 courier, it is submitted that one family member of petitioner No.5 received the same and the other petitioners have not received the same. It has been returned on the ground that the door is locked. It is the categorical submission of the respondent that the petitioners, though orally told about the issuance of the whip, refused to receive the same and hence, the same had to be sent through WhatsApp, courier and by affixture. 8. Respondent No.1 appreciating the evidence produced before him, has come to the conclusion that the whip has been served on the petitioners in the manner known to law. I do not see any error in the same. More so, this Court while exercising writ jurisdiction, is not sitting in appeal over the decision of respondent No.1. What is examined is whether any legal right of the petitioners has been violated by respondent No.1. - 8 - HC-KAR NC: 2025:KHC:36115 WP No. 6379 of 2025 9. Under the given peculiar facts and circumstances of the case, one has to conclude that whip has been issued on the petitioners properly and the petitioners, even though having the knowledge of the decision of the party, have deliberately gone against it. 10. Accordingly, as the writ petition is devoid of merits, the same is hereby dismissed. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 58 CT-SG