BHAVNABEN RAJESHBHAI KACHHADIYA Vs. GUJARAT STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners, who were disqualified to be continued as member of Mendarda Taluka Panchayat by the Designated Authority under the provisions of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 vide order dated 7/4/2018, have approached this Court by way of this petition challenging issuance of Notification dated 17/9/2018 declaring the Election Programme for conducting bi-election on vacancies which were considered to have arisen on account of said disqualification of the petitioners under the order dated 7/4/2018. The order of the Designated Authority under the dated 7/4/2018 disqualifying the present petitioners was subject matter of challenge before this Court by way of Special Civil Application No.6131 of 2018 in which this Court passed Judgement and Order dated 20/9/2018, whereby, order dated 7/4/2018 passed by the Designated Authority in Application No.1-A/2017 was quashed and set aside and consequently, respondent No.1 therein - authority was directed to decide afresh the very application presented by the respondent No.2 therein, after granting fresh opportunities to the respective parties. It is appropriate to set out the said directions passed by this Court in the Judgement and Order dated 20/9/2018 in the proceedings of Special Civil Application No.6131 of 2018 with Civil Application No.1 of 2018, as under:-

(2.) The aforesaid order, thus, render the disqualification in effective sofaras the vacancy aspect of the seats are concerned. We are mindful of the observation of this Court as recorded in sub-para (4) of para 13 in which this Court has categorically said that quashment of the order dated 7/4/2018 disqualifying the petitioners would be considered by the petitioners as restoring their Membership of Taluka Panchayat till fresh decision and any act of petitioners, if taken, would be strictly subject to the outcome of the decision to be taken by the respondent No.1 - authority." The aforesaid observation also, in our considered prima facie opinion, would render the seats vacant so as to permit the concerned authority to hold bi-parte election on those seats, else the same would be rendered infructuous.

(3.) The Hon'ble Supreme Court in the case of Election Commission of India v. Bajrang Bahadur Singh and others, reported in (2015) 12 SCC 570 in paragraph Nos. 21 to 23 has observed and held as under:-