HEENABEN MUKESHBHAI BHOI Vs. PRITIBEN UMESHKUMAR SONI

JUDGEMENT

(1.) By way of this petition under Art. 226 of the Constitution of India, the petitioners have challenged the legality and validity of the impugned order dtd. 31/7/2021 passed by respondent No.1 authority in Application No.12 of 2020, whereby the petitioners have been disqualified as Councilor of Lunavada Municipality under the provisions of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (Act No.23 of 1986) (hereinafter to be referred as 'the Act') and the Rules framed thereunder.

(2.) The background of facts of the present petition is that the general election of Lunavada Municipality took place in the year 2018 and the petitioners were set up as official councilors of Bhartiya Janta Party. The petitioner No.1 was set up as a candidate of BJP from Ward No.4, whereas petitioner No.2 was set up as a candidate from Ward No.5 and petitioner No.3 was set up as a candidate of BJP from Ward No.7 and was declared as selected by the competent authority appointed by the State Election Commission. The result of Lunavada Municipality was declared on 19/2/2018.

(3.) The Municipality is consisting of 28 councilors, out of which, 11 candidates were set up by Bhartiya Janta Party, who got elected, whereas 14 candidates set up by Indian National Congress Party also got elected, whereas 02 candidates were independent who were elected in afore-mentioned election. One sole candidate of NCP also got elected and it was as such a fractured mandate. In this election, the Indian National Congress Party was single largest party, whereas the Bhartiya Janta Party was the second largest party in the election of Lunavada Municipality. It is the case of the petitioners that the first meeting of newly elected councilor of Municipality was held on 27/2/2018 and in the said meeting, one Mr. Jayendrasinh Solanki was elected as a President, who belonged to Indian National Congress Party. The term of the Municipality is of 5 years, but the President and Vice President tenure, according to the petitioners, is of 2 1/2 years and since the President was elected in September 2018, the terms of the President and Vice President and members of various committees were expiring in August 2020.