BACHUBHAI RIMBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, an elected member of Talala Taluka Panchayat has approached this Court under Article 226 of the Constitution of India, challenging the order dated 19.10.2011 passed by respondent no.1 in Appeal No.59 of 2011 in exercise of power under the provision of Gujarat Provision For Disqualification of Members Of Local Authorities For Defection Act, 1986 (hereinafter referred to as the 'Local Authorities Defection Act', for the sake of brevity).

(2.) Facts in short, as narrated by the petitioner in the memo of petition, deserve to be set out as under;

(3.) The petitioner happens to be an elected member of Talala Taluka Panchayat under the symbol of Bhartiya Janta Party. The total number of elected members of Talala Taluka Panchayat is 17. Out of which, 9 members belonged to Bhartiya Rashtriya Janta Party and 8 members belonged to Bhartiya Janta Party. The respondent no.2 also is a Taluka Panchayat member elected on the symbol of Bhartiya Janta Party.