PRAVINJI SHAKRAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) I have heard Mr. Yatin N. Oza, learned Sr. Advocate appearing with Mr. Rajesh Savjani for petitioners in both the petitions, Mr. Satyam Chhaya, learned AGP for the respondent State and Mr. Tushar Mehta, learned counsel appearing for respondent no.3 in both the petitions.

(2.) RULE . Mr. Satyam Chhaya, learned AGP, Mr. Pinakin Raval and Mr. Tushar Mehta, learned counsel waive service of Rule on behalf of the respective respondents. By the consent of the parties, both these petitions are finally disposed of.

(3.) BOTH these petitions are filed by 4 members of Gandhinagar District Panchayat, holding their posts as Member of District Panchayat, on account of their victory in the polls conducted by the Election Commission. Two different proceedings have been adjudicated simultaneously by the Designated Officer appointed under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 [hereafter referred to as 'the said Act'] read with provisions of Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules, 1989 and Amendment Rules, 2007 [hereafter referred to as 'the Amendment Rules, 2007']. The petitioners are common in both these petitions and they have brought similar factual and legal issues for determination. In Special Civil Application No. 5505 of 2008, the petitioners have challenged the finding recorded by the Designated Officer, dated 24th March, 2008 in Application No. 32 of 2008 filed by Chavda Pratapsinh Laxmansinh, respondent no.3 in the said petition. In the application submitted before the Designated Officer, the said respondent no.3 as applicant of the said application, sought for declaration of disqualification of present 4 petitioners on the ground of defection under Section 3 of the said Act and the relevant Rules. It is alleged that Member -Secretary of Gujarat Khadi Gramodhyog Board is appointed as Designated Officer. It is prayed that 4 petitioners herein, be declared as disqualified from the membership of District Panchayat in exercise of powers vested under Section 6 of the said Act. Respondent no.3 initially had filed a petition invoking jurisdiction of this Court under Article 226 of the Constitution of India with a prayer that the petitioners of both these petitions may be restrained from participating in any meeting of Gandhinagar District Panchayat and for that necessary directions or order may be issued to the respondents of that petition. Reference of filing of substantive petition by the respondent no.3 being Special Civil Application No. 2595 of 2008 has been made during the course of oral submissions and the same has been referred in the record of the present proceedings. That petition was moved in reference to disqualification Application No. 32 of 2008.