LAWS(GJH)-2021-8-26

PRITIBEN UMESHKUMAR SONI Vs. BRINDABEN NILANJKUMAR SHUKLA

Decided On August 27, 2021
Pritiben Umeshkumar Soni Appellant
V/S
Brindaben Nilanjkumar Shukla Respondents

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the appellant who was the respondent no.1 in Special Civil Application No.10615 of 2021. The appeal has been filed challenging the oral order dated 28.07.2021 passed in Special Civil Application No.10615 of 2021 filed by the respondent no.1 - Brindaben Nilanjkumar Shukla. The order under challenge dated 28.07.2021 reads as under:

(2.) For the sake of convenience the appellant Pritiben Umeshkumar Soni shall be hereinafter referred to as 'the applicant'. This is because she had filed Dispute Application No.13 of 2020 before the Designated Authority praying that the respondent no.1 herein be disqualified under the provisions of Section 3 of the provisions of Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter to be referred to as 'the Defection Act' for short). The respondent no.1 herein was the original respondent whose disqualification was sought before the Designated Authority.

(3.) Facts in brief are as under: