AIR 2017 KARNATAKA 156 ::(2018) 1 KCCR 229 ::(2017) 4 Kant LJ 607

Karnataka High Court

Hon'ble Judge(s): K. N. Phaneendra , J

(A) Karnataka Local Authorities (Prohibition of Defection) Act (20 of 1987) , S.3(1)(b), S.2(vi)— Disqualification of councillors - Ground of violation of Whip of President of District Committee of political party - Failure to establish issuance of Whip by competent authority - Order, unsustainable. 2016 (1) Kant LJ 403, Relied on. (Para 27 28 29) (B) Karnataka Local Authorities (Prohibition of Defection) Act (20 of 1987) , S.3A— Disqualification of councillors - Ground of defection - Split in political party to extent of 1/3rd of total members - Not established - No ground available for disqualification. (Para 33 34 35) (C) Karnataka Local Authorities (Prohibition of Defection) Act (20 of 1987) , S.3(1)(b)— Service of Whip/Notice -Disqualification of councillors - No personal service of Whip on councillors - Notice affixed on conspicuous place of house of councillors - Cannot be said as Whip duly served as Whip itself not issued by authorized person. (Para 28 29) .....