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.

A further complaint was field on 17/5/2002 directly before the Commission along with copies of certain documents. It was contended by the Petitioner that whip was served on all the JD (U) Members, but Respondent refused to accept and acknowledge the Whip served on him. However, copy of whip was affixed on the door of the House of the Respondent.

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.

It was argued by Respondent's Counsel that the second complaint filed with documents cannot be looked into as the same is an attempt to fill up lacuna in the first complaint.

Commission entertains complaint received from the officers stipulated under Section 4(1) of the Defection Act. Held second complaint not maintainable,

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.