BHAVNABEN RAJESHBHAI KACHHADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Utkarsh Sharma, learned AGP, waives service of notice of Rule on behalf of respondent No.1 and Mr.Dipen Desai, learned advocate, waives service of notice of Rule on behalf of respondent No.2.

(2.) The present petition under Article 226 of the Constitution of India is filed by the petitioners for seeking following reliefs :

(3.) The background on which the present petition is brought before the Court is that petitioners are the members of Mendarda Taluka Panchayat, elected on a symbol of 'Indian National Congress Party', whose election took place in the month of December, 2015. This Mendarda Taluka Panchayat is consisting of 16 representatives in which 9 members of Taluka Panchayat were elected on the symbol of 'Indian National Congress Party', whereas 7 members were elected on the symbol of 'Bhartiya Janta Party'. It is further the case of the petitioners that meeting of these members of Taluka Panchayat was scheduled on 19.5.2017 at about 12.00 p.m. for the purpose of electing the President of Taluka Panchayat. The Indian National Congress Party had nominated one Smt.Bhavnaben Rajeshbhai Kachhadiya for the post of President of Taluka Panchayat. In the process, two members elected on the symbol of 'Indian National Congress Party' named as Labhuben Chavda and Shantilal Rakhodiya had defected themselves and acted contrary to the whip issued by the Indian National Congress Party, resultantly, incurred a disqualification under Section 3 of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act,1986 (for short ' the Act').