(H.C.Shivanna, H Subbaiah, Lekha Venkatesh /Vs /Shobha)
1st and 3rd Petitioner who are members of Mysore Zilla Panchayat and the
2nd petitioner who is the President, Mysore Rural District Congress Committee
(I) have filed complaints praying for disqualifying the Respondent on
the ground that she had violated the direction issued by the 2nd petitioner
to vote in favour of Smt Lekha Venkatesh of Congress-I party for the office
of Adhyaksha and Sri D.M.Veerathappa of BJP for the office of Upadhyaksha.
The Respondent contended that there was no meeting called on 7/3/2002,no
party candidates were selected and denied issue of direction to her. She
contended that by giving a blank whip she was allowed to contest the election.
From the records it is seen that the fact
of the Respondent being a member of Congress-I Party is not in dispute.
The party meeting proceedings, copy of whip, mahazar unimpeachably establish
the official candidature of Smt Lekha Venkatesh and Sri D.M.Veerathappa
for the office of Adhyaksha and Upadhyaksha.
The Respondent had knowledge of the contents of the whip issued by the
Congress-I Party and a copy of it was affixed on the door of her house
as per the mahazar drawn by the Observers. The Petitioners have established
service of whip on the Respondent.
The Respondent knowing fully well of the direction given by the Congress-I
Party, had defied the party direction by not voting in favour of the official
candidates, instead voted in favour of Smt Vanajakshi who is a JD(S) Candidate.
From the proceedings of the Election Officer, it is seen that 21 members
including the Respondent have voted in favour of Smt Vanajakshi and 20
memebers voted in favour of Smt Lekha Venkatesh.
It is clear that the Respondent had made arrangements with other party
members pledging her support to Smt Vanajakshi and to contest to the office
of Upadhyaksha by drawing support of non-congress party members. Petitioners
have established such defiance of party whip by the Respondent.
By an order dated 30/11/2002 allowed the Petition.