CHANDRA SEKHAR SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India has been filed challenging the order dated 29.01.2020 of Respondent No.4 declaring that Respondent No.6 who was elected to Kailashahar Municipal Council as an independent candidate in General Municipal Election held in 2015, earned no disqualification under sub-section (2) of Section 59A of the Tripura Municipal Act, 1994 (herein after referred to as'the Act') for his contesting Tripura Legislative Assembly Election in the year 2018 as a candidate set up by the Bharatiya Janata Party called BJP.

(2.) The basic facts and the controversy brought before this court are as follows:

(3.) Prior to the filing of this writ petition, the petitioner, stated to be a social worker, filed another writ petition questioning the action of the state respondents in not disqualifying Respondent No. 6 as a member of Kailashahar Municipal Council on the ground of defection for contesting the state legislative assembly election as a candidate set up by BJP after his election to the said municipal council as an independent candidate. The said writ petition in which present Respondent no. 6 was also made a party as Respondent No.6, came to be registered as WP(C)(PIL)No.6 of 2019 and disposed of by order dated 25.11.2019.