MD. HACHAN ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THESE two appeals are being disposed of by one judgment since common questions of law and fact are involved and both the appeals arise out of one judgment passed by the learned Single Bench of this Court in two writ petitions.

(2.) THE undisputed facts of the case are that elections to the NoorpurGram Panchayat were held in the year 2009. The appellants Lechu Miah and Md. Hachan Ali were candidates of the Indian National Congress (for short INC) in the said elections. They were both elected as members of the Gram Panchayat,Noorpur. Md. Kabir Hussain (Respondent No.10), Md. Ranu Miah(RespondentNo.11), Md. Safik Ali(Respondent No.12) and Mustt. Asma Begum(Respondent No.13) were also elected as members of the gram panchayat as INC candidates. Md. Mahammad Ali(Respondent No.7), Smti. Tara Kumari Singha(Respondent No.8) and Smti Rajia Begum(Respondent No.9) were elected as the representatives of the rival political party. Thereafter Md. Kabir Hussain and Md. Ranu Miah were elected as Pradhan and Upa -Pradhan of the Panchayat.

(3.) IT is not disputed that the petitioners who were elected as members of the Noorpur Gram Panchayat as candidates of the INC voted against respondents 10 and 11 who also belonged to their party i.e. INC. Thereafter proceedings were initiated against the petitioners for disqualifying them in terms of Section 16 of the Tripura Panchayats Act, 1993 (hereinafter referred to as the Act). The respondent No. 4 vide his order dated 21.07.2010 held that the petitioners disobeyed the whip issued to them by their party and, therefore, disqualified them. The orders disqualifying the petitioners were challenged by the petitioners Md. Hachan Ali and Lechu Miah in Writ Petition No. 318 of 2010 and Writ Petition No. 317 of 2010. Both the writ petitions were dismissed by a common judgment. Hence these appeals.