MUKUND KUMAR Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Rule. Ms. Rupal Patel, learned Counsel appears for respondents No. 1 and 3 and Mr. Rakesh Patel, learned AGP appears for respondent no.2 and waive service of Rule.

(2.) We have heard the matter for final disposal and the matter is finally heard with the consent of the learned Counsel appearing for both the sides.

(3.) The short facts of the case appear to be that in February 2008, the petitioners came to be elected as Councillors of Balasinor Municipality (hereinafter referred to as the "Municipality") as members of Congress party. On 23.02.2010, the petitioners were disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as "Anti Defection Act" for the sake of convenience). On 27.04.2010, petitioners once again contested the by -election for the very municipality in capacity as the member of Bahujan Samaj Party and he was declared elected. On 23.01.2013, in the ensuing regular election of the municipality, he filed nomination from Ward Nos. 7 and 8. On 28.01.2013, the election officer -cum -prant officer rejected the nomination form of the petitioners on the ground that since they were disqualified under the Anti Defection Act, vide order dated 23.02.2010, their nomination forms were rejected. It is under these circumstances, the petitioners have approached to this Court by the present petition.