Urban Local Body polls: High Court issues guidelines on communication to members

The Dharwad bench of the high court has issued guidelines to be followed in matters of communication to councilors on the decision of a political party.

The court said the guidelines shall be in force till the statutory rules are framed by the state government under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.

The petition was filed by Savita, Chandani and Godavari, all members of Mahalingpura town municipal council (TMC) in Bagalkot district.

In the meeting held on November 9, 2020, to elect president and vice president, Savita and Chandani contested against the official candidates fielded by BJP, while the other petitioner Godavari was absent.

The election had to be decided by the toss of a coin as both the petitioners and the official candidates secured 10 votes each. In this, Savita lost, while Chandani was elected vice president.

The petitioners were disqualified after a complaint was filed for casting their votes in contravention of the direction.

The court pointed out that no notice was served upon the petitioners and no attempt made to communicate the decision to vote for particular candidates.

The court quashed the October 28, 2021, order of disqualification passed by the deputy commissioner.

Justice N S Sanjay Gowda noted that the absence of rules has contributed to several kinds of litigation and also defeats the very purpose of maintaining integrity in public life.

The court noted that a councilor attracts the possibility of being disqualified only if he has not secured permission to cast his vote contrary to the direction or if his act of voting contrary to the direction has not been condoned by the political party.

The court said it is necessary that the councilor has adequate time and opportunity to seek permission.

Among the guidelines, the court said the political party or the person authorised by it to issue a direction should submit a copy of the direction that it has issued to all its members to act in a particular manner to the authority which is competent to convene the meeting, at least five days before the meeting is convened.

In the case at hand, the political party had chosen to directly resort to affixture of notice on the door, without resorting to any one of the recognized modes.

The court said it is essential that an acceptable mode of communication of the direction be prescribed.

“It shall also be open for the political parties to effect service by RPAD or courier or by email to the elected members, giving them at least five days to seek for permission to vote contrary to the direction,” the court said.