NAILESHBHAI JIVLABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the appeals have been preferred against the common judgment dated 31.3.2011 passed by the learned Single Judge in Special Civil Application Nos.4007 and 4153 of 2011, they were heard together and are disposed of by this common judgment.

(2.) THE appellants are the members of Taluka Panchayat, Dharampur and members of Indian National Congress, Valsad. THEy having disqualified as members of the local authorities under the provisions of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as the Defection Act) preferred writ petitions and being unsuccessful have preferred the present appeals.

(3.) HAVING been served with the notice of the aforesaid proceedings, both the appellants appeared before the Designated Authority and on 20.12.2010 they prayed for time to file reply, which was granted. Thereafter the respective appellants raised preliminary objections by submitting application dated 18.1.2011, wherein certain technical objections relating to not signing in each document was raised, which was overruled by the Designated Authority, who decided to proceed further with the hearing of the aforesaid applications. The defects were removed by the private respondents and thereafter hearing of the applications was taken up but it was adjourned time and again at the instance of the appellants.