TOURID ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed challenging order dated 9th June, 2011 issued by the Block Development Officer, Gournagar R.D. Block, North Tripura, declaring that the writ petitioner has earned disqualification as a member of Laxmipur Gram Panchayat under sub-Section (2) to Section 16 of Tripura Panchayats Act, 1993. The writ petitioner is also challenging consequential order dated 10th June, 2011 issued by the same authority declaring that the writ petitioner has ceased himself to be a member of the aforesaid Gram Panchayat.

(2.) HEARD Mr. R. Dutta, learned counsel for the petitioner and Mr. G.S. Bhattacharjee, learned counsel, appearing for the respondent Nos.1, 2 and 3 as well as Mr. D. Sarkar, learned counsel for the respondent No.4. Respondent No.5 is represented by Mr. K. Das, learned counsel.

(3.) LEARNED counsel for the petitioner submitted that even if the writ petitioner has changed his affiliation from one political party to another political party, his election cannot be set aside, in as much as, Section 16(2) of the Act is applicable only to independent candidates and not to the candidates who are elected on party symbols.