TIMIRKUMAR TARANGBHAI JAYSWAL Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) In both these petitions the petitioners have assailed the order dated 15.06.2019, whereunder the petitioners have been declared to have incurred disqualification under the provision of Gujarat Provision For Disqualification Of Members Of Local Authorities For Defection Act, 1986 (hereinafter referred to as the 'Defection Act' for the sake of brevity).

(2.) The petitioners filed Special Civil Application No. 11488 of 2019 on 02.07.2018 and Special Civil Application No. 11670 of 2019 on 04.07.2019 along therewith a draft amendment came to be filed in Special Civil Application No.11488 of 2019, and as per roster the prayer mentioned in the amendment qua election was not falling, the learned single Judge passed the order in Special Civil Application No.11488 of 2019, which read as under:

(3.) The petitioners have been facing the allegations of defying the mandate in the election of President and Vice- President of Kalol Municipality held on 11th June, 2018 and therefore, a petition was filed before the competent authority being Dispute Application No.11 of 2018 in which the Designated Authority rendered its decision on 31 st January, 2019 holding that the petitioners incurred disqualification under the Disqualification Act , as they defied the mandate in the election held on 11th June, 2018. This order was subject matter of challenge in the Writ Petition being Special Civil Application No.3358 of 2019. The said petition was allowed vide order dated 11th March 2019 by this Court, operative part whereof is read as under: