PUSHPENDRA CHANDRAPRAKASH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application has been filed under Art. 226 of the Constitution of India, seeking direction to quash and set aside the order of the respondent No. 1 dated 25th/31st July, 1995, whereby the petitioner has been declared disqualified as a Member of Gandhidham Municipality under Gujarat Provision for Disqualifications of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as "the Act of 1986) and Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules, 1987 (hereinafter referred to as "the Rules of 1987).

(2.) The brief facts giving rise to the present Special Civil Application are that the General Election of Gandhidham Nagarpalika look place on 20th April, 1994. The petitioner, Pushpendra Chandraprakash Sharma and the respondent No. 3 Shri Madhukant Javerchand Shah contested the election of Ward Councillors on the Ticket of Bharatiya Janata Party (hereinafter referred to as "B.J.P.") and both were elected. Out of 42 seats of councillors, 21 belonging to B.J.P., 14 belonging to Congress and 06 belonging to B.S.P. were elected. The result of one seat was stayed by the District Court, Bhuj. The say of the respondent No. 3 is that he was appointed as the Leader of the B.J.P. in Gandhidham Municipality by the District President of the B.J.P. Accordingly, a meeting was convened on 13/01/1995 of the newly elected B.J.P. councillors of Gandhidham Municipality, in which the name of Shri Parmanand G. Kriplani was unanimously decided as the official candidate for the post of President. Prior to the first general meeting held at 11.00 a.m. on 13/01/1995 in Municipality Hall in the party meeting, a mandate was given to all councillors to vote for Shri Parmanand G. Kriplani for the office of the President. The further say of the respondent No. 3 is that, at the time of issuing whip, the petitioner was present in the meeting and he had also consented to the whip. Inspite of this, the petitioner tendered his candidature for the post of President with the support of the B.S.P. and Indian National Congress and accordingly, he was elected. The petitioner having voted against the directions of the party disqualified for being a councillor and as such, the respondent No. 3 filed a petition before the Chief Secretary, State of Gujarat under the provisions of the Act of 1986 to declare the petitioner disqualified as a councillor of Gandhidham Municipality, under the provisions of the Act of 1986.

(3.) The petitioner filed reply to the said application on 09/03/1995. The petitioner denied the existence of letter dated 13/01/1995 alleged to have been addressed to the Chief Officer of Gandhidham Municipality. It was stated that the said letter is fabricated and concocted. The Party Meeting of 13th January, 1995 was also denied. He further denied the fact of issuing of whip. The plea was raised that all the Annexures alongwith the petition are not signed and verified as required by Rule 6 (6) of the Rules of 1987 and as such, on that ground alone, the petition deserves to be rejected.