BHAGWATIPRASAD HIMATLAL JOSHI Vs. PINAKIN PRAVINCHANDRA BRAHMBHATT

JUDGEMENT

(1.) APPELLANTS are the original petitioners. They filed Special Civil Application No. 3091 of 2009 challenging an order dated 27th March 2009 passed by the Designated Officer under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act ('act" for short ). By the said order, the Designated Officer disqualified all the petitioners as member of Khambhat Nagarpalika under the provisions of the Act and the Rules framed thereunder.

(2.) THE appellants-original petitioners were elected as Members of the Khambhat Nagarpalika on the symbol of Bhartiya Janata Party (BJP for short ). Application No. 26 of 2008 came to be filed by respondent No. 1 herein, before the Designated Officer in which it was stated, inter alia, that the election for the posts of President and Vice President of the Khambhat Nagarpalika was scheduled on 5th May 2008 for which notice was issued by the Collector, Anand on 30th April 2008. On 3rd May 2008, the State President of the BJP issued a mandate to all the members to vote for Shri Zavarbhai Govindbhai Solanki for the post of President and for Mr. Jayrambhai Kanjibhai Sunara for the post of Vice President. A meeting was also convened on 5th May 2008 at 11 'o clock where all 23 elected members of the Panchayat of the Nagarpalika were present. The mandate was conveyed to the members present and signatures were also obtained on the communication. Despite this, Smt. Revaben Shankarbhai Chauhan though belonging to BJP had contested for the post of President and the appellants had voted for her. They have been suspended by the party on 6. 5. 08 for ignoring the mandate. He, therefore, prayed that all such members be disqualified under section 3 of the Act.

(3.) THIS application was resisted by the appellants herein. However, the Designated Officer by his order dated 27th March 2009, disqualified all the appellants holding that they had voted against the mandate of the party. Reliance was placed on Rule 10a of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Rules 1987 (Rules for short) which requires the member of a Municipality or Panchayat elected on symbol of a particular political party to ensure while attending any meeting of the Corporation, Municipality or Panchayat whether any mandate is issued by such political party.