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High Court

High Court of Karnataka Quashes Disqualification of Municipal Members Under Anti-Defection Law — No Defection Found as Members Voted Against Party Whip in President Election Without Express Direction. Karnataka Local Authorities (Prohibition of Defection) Act, 1987 — Sections 3 and 4 — Disqualification set aside as whip was not issued by authorized person and members did not voluntarily give up membership.

16 Dec 2022

The petitioners, three women members of the Town Municipal Council, Mahalingapur, belonging to the Bharatiya Janata Party (BJP), were disqualified by ...

High Court

High Court of Karnataka Quashes Disqualification of Municipal Councillors for Violation of Natural Justice — Deputy Commissioner's Order Set Aside for Non-Compliance with Section 3(3) of Karnataka Local Authorities (Prohibition of Defection) Act, 1987. The court held that the mandatory requirement of affording a reasonable opportunity of hearing before disqualification was not complied with, rendering the order a nullity.

25 Sep 2021

The petitioners, seven municipal councillors of the City Municipal Council, Kollegal, challenged an order dated 06.09.2021 passed by the Deputy Commis...

High Court

High Court of Karnataka Adjudicates Writ Petition Challenging Disqualification Under Anti-Defection Law. Court's Analysis on Whether Absence from Meeting Amounts to Voluntarily Giving Up Membership Insufficiently Provided in Text.

8 Sep 2021

The petitioner, a member of the Koratagere Town Panchayat elected under a Janatha Dal (Secular) ticket, filed this writ petition under Articles 226 an...

High Court

Bombay High Court Quashes Disqualification Proceedings Against Zilla Parishad Councillors for Alleged Defection — Whip Not Issued in Compliance with Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that without a valid whip issued by the authorized person, councillors cannot be disqualified for voting against the party line in the election of the President.

20 Oct 2020

The petitioners, Mangal Kiran Waghmode and others, were elected councillors of Zilla Parishad, Solapur, in elections held on 21 February 2017. On 31 D...

High Court

High Court of Karnataka Quashes Disqualification of Councilors for Violating Party Whip in Municipal Election — Procedural Lapses and Lack of Opportunity to Show Cause Render Disqualification Order Invalid. The court held that disqualification under the Karnataka Local Authorities (Disqualification of Defection) Act, 1987 requires strict compliance with natural justice and proof of valid whip.

29 Jun 2017

The petitioners, Smt. Hemalata Suguresh Nagaloti and Sri. Hussainsab Shamidsab Bhagwan, were elected councilors of the City Municipal Council, Ilkal, ...

High Court

Bombay High Court Upholds Disqualification of Councillors for Defection Under Maharashtra Local Authorities Members' Disqualification Act, 1986. Petitioners disqualified for remainder of term for voluntarily giving up membership of political party by joining rival party after election.

7 May 2012

The judgment concerns two writ petitions filed by elected councillors of the Municipal Council, Loha, District Nanded, challenging their disqualificat...

High Court

Bombay High Court Upholds Disqualification of MLA for Anti-Party Voting Under Tenth Schedule. Speaker's Order Disqualifying Petitioner for Voluntarily Giving Up Party Membership and Voting Contrary to Whip Upheld as Valid.

12 Aug 2011

The petitioner, Shri Matanhy Saldanha, was a Member of the Goa Legislative Assembly from Cortalim, belonging to the United Goan Democratic Party (UGDP...

High Court

Bombay High Court Quashes Disqualification of Ambad Municipal Councilors Under Local Authority Disqualification Act Due to Invalid Whip and Unproven Party Constitution. Court Holds That Group Leader Must Be Elected by Councillors and That Service of Whip Must Comply with Section 325 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

31 Mar 2011

The petitioners, elected councillors of Ambad Municipal Council from the Nationalist Congress Party (NCP), challenged their disqualification under the...

High Court

Bombay High Court Allows Writ Petition Challenging Disqualification of Municipal Councillors for Defying Invalid Party Whip. Whip Issued by District President Not Binding Under Maharashtra Local Authority Members Disqualification Act, 1987.

29 Oct 2010

The petitioners, Sahebrao Narayan Kharat, Bagwan Tamijabee Shaikh Ahmed, and Shaikh Khurshid Ahemad Gulam Jilani, were elected members of the Municipa...

High Court

Bombay High Court Upholds Disqualification of Councillor for Defection Under Maharashtra Local Authority Members Disqualification Act, 1986 — Failure to Prove Merger of Original Political Party Results in Confirmation of Disqualification Order.

30 Nov -0001

The case involves two writ petitions filed by councillors of the Municipal Council, Sonpeth, challenging their disqualification under the Maharashtra ...

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