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2009 Supreme(Guj) 634

M.R.SHAH
LALSINGH G RATHVA – Appellant
Versus
COMPETENT AUTHORITY - SPORTS YOUTH AND CULTURAL ACTIVITIES – Respondent


Advocates appeared:
MR NAVIN K PAHWA FOR M/S THAKKAR ASSOC. for Petitioner(s): 1 - 3.
NOTICE SERVED BY DS for Respondent(s): 1 - 4.
MR JAPAN V DAVE for Respondent(s): 2 - 3.
MR NV ANJARIA for Respondent(s): 4,

JUDGMENT

1. By way of this petition under Article 226 of the Constitution of India, the petitioners, who are disqualified as Members / Councilors of Chhota Udepur Nagar Palika under the provisions of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as “the Act” for short), have prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order dtd.25/5/2009 passed by the Designated Appropriate Authority under the Act by which the petitioners are disqualified as Councilors / Members of Chhota Udepur Nagar Palika by holding that the respective petitioners have incurred disqualification as they have committed breach of the mandate issued by the political party of which they belonged and on whose ticket they were elected as Members of the Chhota Udepur Nagar Palika.

By way of amendment, the petitioners have also prayed for interim relief restraining the State Election Commission from filling up the vacancies created pursuant to the impugned order in Chhota Udepur Municipality, as the State Election Commission has issued a Notification in the month of November, 2009 for election of





















































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