Point of Law: There is no separate definition of suspension of councillor or member under the Act, 1986 or Rules, 1987. There is no special status contemplated for suspended councillor or member of the municipality under the Act, 1986 or Rules, 1987. The suspension from the membership of the political party ordered against the member of the party may or may not be a counsellor or member of the municipality/panchayat

JUDGMENT :

V.P. Patel, J.

1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners, being aggrieved and dissatisfied with impugned order dated 4.7.2019 passed by Respondent No. 2-Designated Officer of the State of Gujarat in Vivad Petition No. 8/2018, whereby the Petition filed by the Respondent No. 1 under Rule 6 of the Gujarat Provision For Disqualification of Members of Local Authorities For Defection Rules 1987 (for short "the 1987 Rules") read with Section 3 of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (for short "the 1986 Act") has been allowed and the present Petitioners are declared as disqualified being the members of the Kapadvanj Nagar Palika.

2. Heard learned Senior Advocate Mr. B.B. Naik appearing with learned Advocate Mr. Exant G. Ahuja for the Petitioners and learned Senior Advocate Mr. Jal Soli Unwalla appearing with learned Advocate Mr. Mousam R. Yagnik and learned Advocate Mr. N.D. Buch for Respondent No. 1 and learned Government Pleader Ms. Manisha Lavkumar Shah for Respondent Nos. 2 and 3.

3. The Petitioners have prayed for the reliefs in para 8 of the Petition which read as under:

"(a) Your Lordships be pleased to admit this petition;

(b) Your Lordships be pleased to allow this petition by way of issuing a writ of mandamus or any other appropriate writ, order or direction and to quash and set aside the impugned order dated 4.7.2019 passed by the Respondent No. 2 in Vivad Application No. 8/2018

(bb) That your lordships be pleased to allow this petition and be pleased to issue a writ of mandamus or any appropriate writ or directions quashing and setting aside the proceedings of General Body of the Kapadwanj municipality held on 31.7.2019 as well as the election of respond number 1 as President of Kapadwanj Municipality.

(c) To restrain the respondent no.3 District Collector of Kheda from initiating the proceeding of fresh election for the post of President of Kapadvanj Nagar Palika, during the pendency of admission, hearing and final disposal of the petition;

(d) During the pendency and final disposal of this petition, be pleased to stay the execution, implementation and operation of the impugned order dated 4.7.2019 passed by the respondent no. 2 in Vivad Application No. 8/2018;

(e) During the pendency and final disposal of this petition, the petitioner no. 1 may not be restrained from officiating or functioning as President and Member of Kapadvanj Nagar Palika; and so also the petitioners no. 2 to 8 as members of the Kapadvanj Nagar Palika;

(f) To pass any other appropriate and just orders."

4. Facts of the Case:

4.1. The Petitioners are the elected members of Kapadvanj Nagar Palika, on the symbol of the Bhartiya Janta Party (for short "BJP") for five years in the General Election held on 29.11.2015. The General election of the Kapadvanj Nagarpalika was held for seven wards and in all for 28 Councilors (4 Councilors for each ward). Out of that 15 candidates were affiliated with BJP, one candidate is affiliated with Indian National Congress Party and twelve independent candidates were elected. The notification dated 2.12.2015 was published in Extraordinary Gazette by Election Officer of Kapadvanj Nagarpalika under Rule 68 of the Gujarat Nagarpalika (Election) Rules 1994 to that effect. [Page 155 to 157]

4.2. A Notice dated 25.5.2018 under Rule 3 and 4 of the Gujarat Nagarpalika (President and Vice-President) Election Rules 1964 was issued by the District Municipal Election Officer & Collector, Kheda for holding an election on 7.6.2018 for the post of President and Vice President. [Page 159]

4.3. The Petitioner No.1 was declared elected as President of Kapadvanj Nagar Palika in the meeting dated 7.6.2018. In such meeting, out of 28 members, 25 members remained present. That a whip was issued to the electing members of the BJP