SHOBHABEN SHANTILAL KALAL Vs. M V JOSHI

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order passed by the Designated Officer under the provisions for Disqualification of Members of the Local Authorities of Defection Act 1986 and Rules, 1987 (hereinafter referred to as the ?Act & Rules?) dated 24.3.2011 passed in Appeal No.52 of 2010, by which the Designated Officer has passed an order to disqualify the petitioners under Section 6 of the Act r/w Rule 3(1)(B) and Rule 6 of the Rules, 1987 disqualifying the petitioners as member of Fatepura Taluka Panchayat.

(2.) THE facts leading to the present Special Civil Application in nutshell are as under:

(3.) SHRI Mangukiya, learned advocate for the petitioners has further submitted that as such out of the 14 members who were elected on the symbol of BJP 13 members -petitioners selected their own President and Vice President from amongst themselves i.e. from the member belonging to the BJP itself and that they have not changed any loyalty and the person who has been elected as a President of Fatepur Taluka Panchayat himself was a member belonging to the BJP. Therefore, it is submitted that even on this ground the petitioners could not have been declared disqualified having acted contrary to the whip / mandate issued by the party. By making above submissions it is requested to allow the present Special Civil Application.