ZARINABEN RASULBHAI DAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment filed today is taken on record and allowed. Necessary incorporation be carried out during the course of the day.

(2.) The applicants before us, who are the original appellants, have preferred Letters Patent Appeal for challenging the legality and validity of an order dated 17.7.2019 passed by the learned Single Judge in Special Civil Application No.11414 of 2019. It is the case of the applicants that opponent Nos.3 to 8 are the elected members of Rajula Municipality, elected on the symbol of Indian National Congress. No Confidence Motion was moved against the President of the Rajula Municipality by convening a Special General Meeting on 17.4.2018 and by majority of more than 2/3rd members, who voted in favour of No Confidence Motion against the President. As a result of this, the President was removed from the post. The said circumstance has resulted into filing of Dispute Application No.2 of 2018 before the competent authority against the applicants as well as opponent Nos.3 to 8, who defied the mandate / whip issued by the competent authority since in the said meeting of No Confidence Motion, they did not support and thereby, the applicants as well as opponent Nos.3 to 6 have incurred disqualification under Section 3 sub?section (6) of the Gujarat Provisions of the Disqualification of Members of Local Authorities for Defection Act,1986 and the original complainant - opponent No.2 sought declaration to disqualify all 18 members including the present applicants as well as opponent Nos.3 to 7. According to the applicants, during the said proceedings, a pursis for withdrawal of Dispute Application qua opponent Nos. 3 to 6 only came to be moved by opponent No.2, though not permissible according to the applicants. As a result of which, the proceedings have been disposed of qua opponent Nos.3 to 6 and pursis came to be accepted vide order dated 31.5.2019, with a further order disqualifying the present applicants and opponent No.7 from the post of members of Rajula Municipality.

(3.) The said decision was the subject matter of challenge before the learned Single Judge, who, by order dated 17.7.2019, was pleased to allow the matter in part and remanded the matter to opponent No.1 only qua specific issue referred to in the original order to decide only aspect of disqualification of opponent Nos.3 to 6. It was the grievance of the applicants that the remand should not have been passed to re?consider the aspect of disqualification of opponent Nos.3 to 6 only but, should have been in its entirety for fresh consideration.