Case Note & Summary
The petitioners, Ms. Srimathi Bangera and Mrs. Veenakshi, were elected as Councillors of the City Municipal Council (CMC), Madikeri, in elections held on 16.03.2014. Subsequently, on 14.08.2015, petitioner No.1 was elected as President of CMC, Madikeri. Elections for the posts of President and Vice-President were scheduled for 09.09.2016. Aggrieved by the order dated 01.03.2017 passed by the Deputy Commissioner, Madikeri (respondent No.2), disqualifying them from the post of Councillor under Section 3(1)(b) and 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, the petitioners approached the High Court. The court noted that the impugned order was passed without giving any opportunity of hearing to the petitioners, which is a clear violation of principles of natural justice. Consequently, the court quashed the order and remanded the matter back to the Deputy Commissioner for fresh consideration after affording a reasonable opportunity of hearing to the petitioners. The court directed that the matter be disposed of within four weeks from the date of receipt of the order.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Disqualification Order - The Deputy Commissioner passed an order disqualifying the petitioners from the post of Councillor under Section 3(1)(b) and 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 without giving them an opportunity of hearing. The court held that such an order violates principles of natural justice and is liable to be set aside. (Paras 1-5) B) Local Self-Government - Anti-Defection - Disqualification - Opportunity of Hearing - The court quashed the disqualification order and remanded the matter back to the Deputy Commissioner for fresh consideration after affording a reasonable opportunity of hearing to the petitioners. (Paras 5-6)
Issue of Consideration
Whether the order of disqualification passed by the Deputy Commissioner under Section 3(1)(b) and 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 is sustainable when it was passed without affording an opportunity of hearing to the petitioners.
Final Decision
The writ petitions are allowed. The impugned order dated 01.03.2017 passed by the Deputy Commissioner, Madikeri is quashed. The matter is remanded back to the Deputy Commissioner for fresh consideration after affording a reasonable opportunity of hearing to the petitioners. The Deputy Commissioner is directed to dispose of the matter within four weeks from the date of receipt of the order.
Law Points
- Natural justice
- Right to be heard
- Disqualification under anti-defection law
- Opportunity of hearing
- Quashing of order
