RAJESHKUMAR MANGUBHAI PATEL Vs. DESIGNATED OFFICER

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.7.2011 passed by the respondent No.1 Designated Authority in Dispute Application No.70 of 2010 whereby, he has allowed the application prefaArticle 226 of t No.2 herein seeking disqualification of the petitioner as councillor of the Valsad Municipality under section 3(2) of the Gujarat (Provisions for Disqualifications of Members of the Local Authorities for Defection) Act, 1986 (hereinafter referred to as the Act).

(2.) THE facts of the case as emerging from the record are that the petitioner is a tax-payer and voter of the Valsad Municipality. THE last election of Valsad Municipality was held on 17.2.2008 and the result thereof was published in the Government Gazette dated 21.2.2008. Out of the elected councillors, 8 councillors belonged to the Congress Party, 23 belonged to the Bharatiya Janata Party and the rest of the councillors were Independent candidates and were not attached to any political party. THE petitioner was elected as an independent candidate from Ward No.1 on a general seat. On 6.9.2010, the petitioner came to be elected as the President of the Valsad Municipality as he had received 23 votes as against 18 votes garnered by the respondent No.2 Ganeshbhai Vasantbhai Patel.

(3.) THE said application came to be rejected by an order dated 3.5.2011. While rejecting the said application, the Designated Authority observed that the petitioner should file his reply to the application by 9.5.2011 and fixed the matter for hearing on 10.5.2011.