UJESHBHAI ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner before this Court is seeking to challenge the legality and validity of the actions of the respondents of holding the election of the Valsad Municipality under sec. 41 (1) of the Gujarat Municipality Act, 1963 (hereinafter referred to as "Act" for short) for the post of three councilors which are allegedly said to have fallen vacant.

(2.) It is averred by the petitioners that proceedings have been initiated against the petitioners under the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as "Defection Act"for short). On 25/3/2021, the Designated Authority has disqualified the petitioners, the petitioners have preferred a writ petition before this Court being Special Civil Application No.6793 of 2021. The said matter is pending before this Court.

(3.) Grievance on the part of the petitioners is that the matter has not yet attained its finality although the Court has heard both the sides and now the same is pending for judgments. Therefore, according to the petitioners, post of the councilors have not fallen vacant and election could not have been declared on these posts without any seats being vacant.