Case Note & Summary
The petitioners, seven municipal councillors of the City Municipal Council, Kollegal, challenged an order dated 06.09.2021 passed by the Deputy Commissioner/ District Election Officer, Chamarajanagar (first respondent) disqualifying them from membership under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The disqualification was sought by the second respondent, a fellow councillor, on grounds of defection. The petitioners contended that the impugned order was passed without affording them any opportunity of hearing, in violation of Section 3(3) of the Act which mandates that no order of disqualification shall be made without giving the member a reasonable opportunity of being heard. The court, after hearing the parties, found that the Deputy Commissioner had not issued any notice or conducted any hearing before passing the disqualification order. The court held that the order was a nullity for being in gross violation of principles of natural justice and the statutory requirement. Consequently, the writ petition was allowed, the impugned order was quashed, and the matter was remitted back to the Deputy Commissioner to pass a fresh order after affording a reasonable opportunity of hearing to the petitioners. The court directed that the entire exercise be completed within four weeks from the date of receipt of the order.
Headnote
A) Municipal Law - Disqualification of Councillors - Violation of Natural Justice - Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987 - The Deputy Commissioner disqualified seven councillors without giving them an opportunity of hearing - The court held that the order was passed in gross violation of principles of natural justice and the mandatory requirement of Section 3(3) which requires a reasonable opportunity of being heard - The impugned order was quashed and the matter remitted back for fresh consideration after hearing the petitioners (Paras 1-5).
Issue of Consideration
Whether the order of disqualification passed by the Deputy Commissioner under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 without affording an opportunity of hearing to the petitioners is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 06.09.2021 passed by the first respondent is quashed. The matter is remitted back to the Deputy Commissioner to pass a fresh order after affording a reasonable opportunity of hearing to the petitioners. The entire exercise shall be completed within four weeks from the date of receipt of the order.
Law Points
- Natural justice
- right to hearing
- disqualification of councillors
- defection
- Karnataka Local Authorities (Prohibition of Defection) Act
- 1987
- Section 3(3)
- writ jurisdiction
- Articles 226 and 227 of Constitution of India
Case Details
2021 LawText (KAR) (09) 8
Writ Petition No.17093 of 2021 (LB-ELE)
Sri Jayakumar S. Patil, Senior Advocate a/w Sri Mahammed Tahir A., Advocate for petitioners; Sri Nithyananda K.R., HCGP for R1; Sri A.S. Ponnanna, Senior Advocate for Sri S.B. Suresh, Advocate for C/R2
Smt. Pavithra, Smt. L. Nagamani, Smt. Gangamma, Sri Naseer Shariff, Sri Prakash, Sri Ramakrishna N., Smt. Nagasundaramma
The Deputy Commissioner/ District Election Officer, Chamarajanagar, Smt. Jayamari G.
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging an order of disqualification passed by the Deputy Commissioner under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.
Remedy Sought
Quashing of the order dated 06.09.2021 passed by the first respondent disqualifying the petitioners from membership of the City Municipal Council, Kollegal.
Filing Reason
The petitioners were disqualified without being afforded an opportunity of hearing, in violation of Section 3(3) of the Act and principles of natural justice.
Previous Decisions
The Deputy Commissioner passed the impugned order on 06.09.2021 disqualifying the petitioners.
Issues
Whether the impugned order of disqualification was passed in violation of principles of natural justice and Section 3(3) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.
Submissions/Arguments
Petitioners argued that the Deputy Commissioner passed the disqualification order without issuing any notice or giving them an opportunity of hearing, contrary to Section 3(3) of the Act.
Respondents contended that the order was valid and in accordance with law.
Ratio Decidendi
An order of disqualification under Section 3(3) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 cannot be passed without affording the member a reasonable opportunity of being heard. Failure to do so renders the order a nullity for violation of natural justice and statutory mandate.
Judgment Excerpts
The petitioners claiming to be aggrieved by the order dated 6.09.2021 passed by the 1st respondent/Deputy Commissioner disqualifying the petitioners from the membership of the City Municipal Council, Kollegal have filed the subject writ petition.
The impugned order is passed without notice to the petitioners and without affording an opportunity of hearing to the petitioners.
The order is in gross violation of principles of natural justice and also Section 3(3) of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.
In the light of the above, the impugned order deserves to be quashed and the matter remitted back to the Deputy Commissioner to pass a fresh order after affording an opportunity of hearing to the petitioners.
Procedural History
The Deputy Commissioner passed an order on 06.09.2021 disqualifying the petitioners from membership of the City Municipal Council, Kollegal. Aggrieved, the petitioners filed the present writ petition on an unspecified date. The writ petition came up for preliminary hearing in 'B' group on 25.09.2021 and was allowed.
Acts & Sections
- Karnataka Local Authorities (Prohibition of Defection) Act, 1987: Section 3(3)
- Constitution of India: Articles 226, 227
