SEC6 ADA 2002 dated 4-1-2003
(S Siddaramappa /Vs/ P Lokesh)
Petitioner, who is a Member of Tarikere
Taluk Panchayat filed a complaint on 12/4/2002 praying for disqualifying
the Respondent on the ground that he had violated the direction issued
by President, Zilla Janata Dal (U) to vote in favour of Smt Parvathi Bai
for the office of Adhyaksha and Sri J K Narayanappa for the office of
Upadhyaksha by remaining absent at the time of election.
The Respondent contended that there was
no meeting called by JD(U) party and hence no whip could have been issued.
The reason for his absence at the election meeting on 19/3/2002 was that
he was under medical treatment for acute amoebic decentry and under bed
rest from 18/3/2002 to 20/3/2002 as per the Medical Certificate produced.
From the records it is found that the copy
of the whip produced along with the first complaint is undated and the
one filed with the second complaint is dated as 18/3/2002 and thus the
same cannot be relied upon. The veracity of the Mahazar produced has been
questioned by the Respondent. Held Petitioner failed to rebut the evidence
of the Respondent with regard to his illness and treatment. There is no
ground made out by the Petitioner to establish the fact the Respondent
violated the whip of the JD(U) party and suffers disqualification. Hence
by an order dated 4/1/2003 the Petition was dismissed.