KAILESHBHAI HARIBHAI PATEL Vs. GEMARBHAI ODHARBHAI RABARI

JUDGEMENT

(1.) Heard learned advocate, Mr. C.B. Upadhyaya appearing with learned advocate, Mr. Kirtan Mistry for the petitioners, learned advocate, Mr. N.P. Chaudhary appearing for the respondent no.1 and learned AGP Mr. K.M. Antani appearing for the respondent no.3.

(2.) Learned advocate for the petitioners submitted that an application came to be filed by the respondent no.1 herein under Section 3 of the Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as "Disqualification Act" for short), wherein it was alleged that the petitioners had violated Whip issued by the Indian National Congress party in the meeting held for the election of the President and Vice President for Chanasma Taluka Panchayat and the respondent no.3 - Designated Officer passed impugned order dated 23.09.2019, whereby the petitioners are disqualified as Members of the Chanasma Taluka Panchayat. It is submitted that while passing impugned order, the respondent no.3 has given finding that one Bharatsinh Solanki was authorized to issue letter in favour of one Balubhai Patel and other concerned persons. It is submitted that the said Bharatsinh Solanki was not the party President of Indian National Congress party on 20.06.2018 when the election for the post of President and Vice President of Taluka Panchayat had taken place. Learned advocate at this stage has referred to the observations made by the respondent no.3 in the impugned order and, thereafter, submitted that the respondent no.3 has considered the Resolution dated 25.07.2015 passed in the Executive Committee of Gujarat Pradesh Congress Samiti, whereby the said Balubhai Patel was authorized to issue Whip and in pursuance to the said Whip, the said Balubhai Patel addressed a letter dated 19.06.2018 and thereby gave Whip to the elected members for the purpose of election of the President and Vice President of Taluka Panchayat. He submitted that relying upon the said Resolution dated 25.07.2015 and relying upon the said Whip issued by the said Balubhai Patel, the respondent no.3 has passed impugned order.

(3.) At this stage, learned advocate has placed on record copies of the order dated 10.06.2019 passed by the respondent no.3 in Dispute Application No.10/2018 as well as the order dated 02.11.2019 passed by the respondent no.3 in Dispute Application No.5/2017. It is submitted that while passing aforesaid orders by the same respondent authority i.e. the respondent no.3 herein, it has been observed by the respondent no.3 to consider the Resolution dated 25.07.2015 passed in the meeting of the Executive Committee of Gujarat Pradesh Congress Samiti and after considering the Whip issued by the said Balubhai Patel pursuance to the said Resolution, the respondent no.3 has held that the person against whom the dispute application is filed, cannot be liable to be disqualified and making such observations, both the aforesaid dispute applications were dismissed.