MADHUBEN BHIKHABHAI ROKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is directed against order dated 11-1-2011 passed in Application No.58 of 2010 by the Designated Authority under the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as 'the Act' for short) whereby the petitioners were disqualified from being members of Jasdan Nagarpalika.

(2.) THE petitioners were elected members of Jasdan Nagarpalika in general elections held on 17-2-2008. THEreafter, the petitioner No.1 was elected as a President of the Jasdan Nagarpalika. THE respondent No.2 then filed Application No.58 of 2010 before the Designated Authority under the Act seeking to disqualify the petitioners on the ground that although the Congress Party issued a mandate/whip, the petitioner No.1 filed nomination for the post of President and the petitioner No.2 voted against the alleged official candidate while the petitioner Nos.3 to 5 abstained in the proceedings. THE Designated authority, therefore, issued a show cause notice to the petitioners. THE petitioners filed their reply to application filed by the respondent No.2 inter alia contending that there was no whip issued by the Congress Party. THEy also raised preliminary objections contending that as the application was in violation of Rules 3(6) and Sub-rules (3), 4(a)(b), (5) and (6) of Rule 6 of Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules (hereinafter referred to as 'the Rules' for short), the application requires to be dismissed. According to the petitioners, there was no whip issued by the Congress Party and even if there was a whip, it was required to be served upon the members of that party as also the Deputy Collector, who is Ex-officio of Nagarpalika. However, no such whip was served either to the petitioners or the Deputy Collector. THE petitioners also contented that in order to disqualify them, some postal certificates were got by the respondent No.2 to show that petitioners have been served with the whip. THE petitioners therefore sought to cross-examine the respondent No.2 and the District President of Congress Party, who allegedly issued the whip. However, the Designated Authority vide order dated 11-1-2011 disqualified the petitioners from being members of Jasdan Nagarpalika. Hence, the present petition by the petitioners.

(3.) HEARD learned Senior Counsel, Mr.S.B.Vakil, with learned advocate, Mr.K.V.Shelat, for the petitioners, learned AGP, Ms.Jirga Jhaveri, for the respondent No.1 and learned advocate, Mr.B.M.Mangukiya for the respondent No.2.