RANJIT SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These three writ petitions being factually and legally similar have been heard together and they would be disposed of by this common judgment.

(2.) For convenience, the basic facts and controversy brought before this court may be noted from W.P.(C) No.1351 of 2019 which are as under:

(3.) The said petitioner was elected as a member of Fultali Gram Panchayat from Seat number 06 as a candidate set up by the Bharatiya Janata Party (BJP herein after) in the Panchayat General Election of 2019 which was held on 27.07.2019. Similarly, petitioner of W.P.(C) No.1352 of 2019 was elected from seat number 07 and petitioner of W.P. (C) No.1353 of 2019 was elected from seat number 04 in the said Panchayat also as BJP candidates. The Returning Officer of the said election duly declared them to have been elected and issued Certificate of Election dated 31.07.2019 in Form Number 25 in favour of the candidates. Said Fultali Gram Panchayat has 09(nine) elected members in all and 07(seven) among them were sponsored by BJP and 02(two) were sponsored by Indian National Congress (INC in short). The first meeting after the said election was convened on 16.08.2019 for administering Oath of Affirmation to the elected candidates followed by election of Pradhan and Upa Pradhan of the said Gram Panchayat. The Inspector of Schools of the Education Inspectorate, Chandipur R.D.Block, was specified by the State Government in terms of sub-section (1) of Section 217 of the Act as the authority to administer Oath to the elected members of the Panchayat and he was also nominated by the District Panchayat Officer to preside over the first meeting of the newly elected panchayat.