JAYRAJBHAI JAYANTIBHAI PATEL Vs. ANILBHAI JAYANTIBHAI PATEL

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant, arrayed as the first Respondent in three writ petitions (Special Civil Applications Nos. 22379, 22385 and 22391 of 2005 with Civil Applications Nos. 12966 and 12967 of 2005, questions the legality of a common judgment and order dated 23rd February, 2006 rendered by a Division Bench of the Gujarat High Court. By the impugned Judgment, election of the Appellant as President of Anand Municipality has been set aside and Respondent No. 1, namely, Vijaybhai Haribhai Patel has been declared as the elected President of the said Municipality.

(3.) General elections to the office of the councillors to constitute Anand Municipality in the State of Gujarat were held on 25th October, 2005. Out of total 42 councillors, 19 were elected as candidates sponsored by Bhartiya Janta Party (for short "the B.J.P") and the other 23 candidates were elected as independent candidates. On 29th October, 2005, the Collector of Anand District issued a notice in terms of Section 32 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act") read with Rules 3 and 4 of the Gujarat Municipalities (President and Vice-President) Election Rules, 1964 (hereinafter referred to as "the Election Rules", notifying the programme for election to the posts of President and Vice-President of the said Municipality on 8th November, 2005 at 1.00 P.M. in the Municipality Meeting Hall. At the meeting, conducted and presided over by the Resident Deputy Collector, nominated by the Collector and hereafter referred to as the Presiding Officer, out of 42 elected councillors, 38 were present. Two B.J.P. councillors did not attend the meeting on account of some resentment with the party leadership and two independent councillors, namely, Anilbhai Patel and Meenaben Gohil were unable to attend the meeting as they had been arrested by the police at about 12.30 P.M. on the date of meeting.