While dismissing the two separate petitions filed by Byrappa and others, Justice H N Nagmohan Das upheld the Mandya district commissioner’s order of June 30, 2009 disqualifying the 13 members of Mandya CMC’s elected from JD(S) party.

While dismissing the petitions the court observed: “The petitioners have violated the party whip. The front of Abhivruddi ranga is not political outfit, party defined under section 2(6) of the Karnataka Local Authorities Act.

In the absence of split in the JD(S) the petitioners are not entitled to seek exemption form disqualification under section 3(a) of the Act.” The petitioners had formed an separate front without splitting the party, so they are liable to be disqualified from the membership, the court observed.

As a part of ‘Operation Lotus’ the petitioners had voted in favour of a no confidence motion on January 16, 2009 and removed the president of Mandya CMC who was elected from JD(S).

Then district commissioner of Mandya had disqualified the thirteen members of JD(S) under the Karnataka Local Authorities (Prohibition of defection) Act, 1987.

Meanwhile, the High court has stayed its order for a week to give time to the petitioner to file an appeal.

HC stays KAT order on SI promotion

The High Court has ordered a stay on an order of the Karnataka Administrative Tribunal (KAT) order of quashing the provisional reviewed seniority lists of Sub-Inspector of Police issued on December 10, 2007.

While hearing the petition filed by Sunil Kumar and others, a division bench headed by Justice V Gopala Gowda stayed the KAT order of November 23, 2009.

While quashing the provisional seniority list the KAT had directed the DGP to redo the list by assigning proper ranks. The petitioners have contended that KAT order was against a Supreme Court order.

Candidates selected through rural weightage will get chance in seniority list, petitioners argued.

According to the KAT order, the police department has to consider the service record since their appointments in 1998-99.