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2011 Supreme(Guj) 263

M.R.SHAH
Sunil Narsinh Hathila – Appellant
Versus
Designated Authority under Thegujarat Provision for Disqulif – Respondent


Appearance :
Mr. Dilip B. Rana, for the Petitioners No. 1 - 14.
Mr. Pranav Dave, AGP for the Respondent No. 1.
H.L. Patel, Advocates for the Respondent No. 2.

Judgment

M.R. Shah, J.—By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order passed by the Designated Officer under the provisions for Disqualification of Members of the Local Authorities of Defection Act 1986 and Rules, 1987 (hereinafter referred to as the “Act & Rules”) dated 24.3.2011 passed in Appeal No. 51 of 2010, by which the Designated Officer has passed an order to disqualify the petitioners under Section 6 of the Act r/w Rule 3(1)(B) and Rule 6 of the Rules, 1987 disqualifying the petitioners as member of Jalod Taluka Panchayat.

2. The facts leading to the present Special Civil Application in nutshell are as under:

2.1. All the petitioners were elected as member of the Jalod Taluka Panchayat, elected in an election held on 2.10.2010. The total strength of the panchayat is 35 members out of which 22 members were elected on the symbol of BJP and 12 members have been elected on the symbol of Indian National Congress and one member is from independent party. That all the petitioners were elected on the symbol of BJP. That first meeting of












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