VALA BHAVNABEN Vs. DINESHBHAI MANJIBHAI HIRAPARA

JUDGEMENT

(1.) The appellants have preferred this Appeal under clause 15 of the Letters Patent, calling in question the legality, validity and propriety of the judgment and order dated 30th March 2011 passed by the learned Single Judge in Special Civil Application No.3900/2011, whereby the learned Single Judge issued directions to the Collector, Rajkot to conduct election for the posts of President and Vice President of Jasdan Municipality (hereinafter referred to as 'the Municipality') pending bye -election of five seats for the posts of councillors which fell vacant on account of orders of disqualification.

(2.) After the first general election to a municipality, the Collector shall have to call the first general meeting of the Municipality for the election of the President and the Vice President within the prescribed period. Accordingly, the President and the Vice President were elected for the prescribed period. The term of the President of the Municipality expired and, therefore, the Collector, under the provisions of the Gujarat Municipalities Act, 1963 (for short, 'the Act'), called for a meeting to hold election on 4th September 2010.

(3.) The record reveals that despite the whip/mandate issued by the Indian National Congress, the same was violated and six councillors affiliated to the Indian National Congress defected and casted their votes against the mandate, for which proceedings were initiated before the Authority under the provisions of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986. By order dated 11th January 2011 the competent Authority under the Act disqualified five councillors.