PUSHPENDRA CHANDRAPRAKASH SHARMA Vs. STATE

JUDGEMENT

(1.) Mr. Y. M. Thakkar, learned AGP waives service of Rule for Respondent No. 1 and Miss. V.P. Shah waives service of Rule for Respondent No. 2. Looking to the facts of the case, the matter is taken up for final hearing today.

(2.) Facts culled out from the petition are that Respondent No. 2 approached before Respondent No. 1 by way of application dated 25-1-1995 under Section 6 of the Gujarat provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (which hereafter be referred to is the 'Act') and the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules, 1987 (which hereinafter be referred to as 'the Rules') contending inter alia that the petitioner who has been elected as a Councillor in the election of Gandhidham Municipality and also as a President in the meeting held on 13-1-1995, has not voted as per whip issued by the elected members of Bharatiya Janta Party, and as such he is liable to be disqualified as Councillor under the provisions of the Act, 1986. Respondent No 2 also prayed for the interim relief. On the same day Respondent No. 1 by impugned ex parte order restrained the petitioner from proceeding with the meeting scheduled on 28-1-1995 and further not to act as President till the matter is finally decided.

(3.) Mr. K.G. Vakharia, learned Senior Advocate, assisted by Shri C. H. Vora, learned Advocate has assailed the impugned order on the following grounds :