SEC 3 ADA 2002 - 03 Dated 21-9-2002

(B.KRamanna/Vs/Sri A.G.Guligowda and Smt Bhagyamma)

The Petitioner who is the President of Huliyurdurga Block Congress Committee, has filed the Petition under Section 4 of the Defection Act on 27/3/2002 praying for disqualifying the Respondents on the ground that they violated the directions issued by Congress (I) party to vote in favour of Smt Ramadevi for the office of Adhyaksha and in favour of Sri Baguraiah for the office of Upadhyaksha at the election held on 15/3/2002. It was contended by the Petitioner that though the Respondents cast their votes in favour of Smt Ramadevi, they did not cast their votes in favour of Sri Baguraiah.

The Respondents Counsel prayed for dismissal of the Petition for lack of particulars and for filing the complaint within fifteen days provided for condoning the act of a member violating the directions issued by the political party to which he belongs to, as has been provided under Section 3(1) (b) of Defection Act. That there is no direction of the party-either orally or in writing . That no meeting was held and hence there was no question of issuing any direction to the Members to act in a particular manner .

The Respondents Counsel argued that Petitioner is not a 'person' as per Section 4(1)(b) of the Act as he has described himself as President ,Huliyurudurga Block Congress Committee. On this point the Petitioner's Counsel argued that if at all the Petitioner intended to file the Complaint in his Personal / individual capacity, he would have mentioned his residential address and not his party address .

From the perusal of the records it was found that the Complaint is filed within fifteen days from the date of election and the Petitioner failed to establish that the Complaint is not premature . Hence by an Order dated 21/9/2002 the Petition was dismissed.