KISHOREBHAI BACHUBHAI GAMIT Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioners, who are the petitioners in Special Civil Application No.12027 of 2018, Special Civil Application No.12028 of 2018, Special Civil Application No.12030 of 2018, Special Civil Application No.12033 of 2018 and Special Civil Application No.12034 of 2018 pending in this Court, wherein they have challenged the order of the competent authority dated 11th June, 2018 rejecting their applications raising dispute qua their resignations as councilors of Vyara Municipality, under Section 35 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as the 'Municipalities Act' for the sake of brevity) and during pendency thereof, as there is notification issued by the respondent no.1 declaring bye lection to be held on 07.10.2018, on the seat which hitherto was held by the present petitioners, on the ground that the respondent ought not to have shown undue haste in announcing bye lection on the seat when the question of resignation and the decision of the competent authority thereon was awaiting its consideration by this Court in the proceedings of Special Civil Application No.12027 of 2018, Special Civil Application No.12028 of 2018, Special Civil Application No.12030 of 2018, Special Civil Application No.12033 of 2018 and Special Civil Application No.12034 of 2018. The petitioners have made the following prayers in this petition;

(2.) Facts in brief shorn off unnecessary details could be set out as under:

(3.) Learned counsel for the petitioners submitted that as per the provision of Section 35 (5) and the 2nd proviso thereto, the resignation of the councilors shall take effect in accordance with the decision of the officer when the resignation aspect is under dispute. The said provisions deserve to be set out as under: