Point of Law : Guise of exercising jurisdiction under Article 227 of the Constitution of India, the High Court cannot convert itself into a court of appeal. It is equally well settled, that the supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and seeing that they obey the law.

JUDGMENT :

1. By way of this petition under Article 227 of the Constitution of India, two petitioners have come forward to challenge the legality and validity of the impugned order dated 15.1.2021 passed by learned Designated Authority in Dispute Application No.16 of 2020.

2. Brief facts which have given rise to the present petition are that General Election of Kheda Municipality was conducted in the year 2018 and present petitioners stood elected and the election for second term of the President and Vice president came to be followed on 2.9.2020. The petitioners say that the authority was given by BJP Party President, Gujarat State and the power was given to one Keshaji Chauhan, BJP District President, Banaskantha to issue whip on 2.9.2020 and according to the petitioners, said so-called whip came to be issued by Keshaji Chauhan, District President BJP on the very same day on 2.9.2020. In the meeting for electing President and Vice President held at 12.00 p.m. in the meeting room, there was no scope to collect whip even looking to the letter of Shri C.R. Patil as well as the whip issued by Shri Keshaji Chauhan. According to the petitioners, three line whip was given on the very same day on 2.9.2020, meeting was also followed on that very day on 2.9.2020 at 12.00 p.m. at Kheda Municipality and as such, looking to the abovementioned countdown, there was no question at all either to serve whip or to collect whip because there is no time space left between since the power given to Devusinh Chauhan. The petitioners have requested the Party President of Kheda to give whip for meeting dated 2.9.2020, but unfortunately, the petitioners were never served with the copy of the whip. Further, the State President has given power to Keshaji Chauhan on 2.9.2020, having its office at Shri Kamlam, Coba Circle, Gandhinagar and the office of Bhartiya Janta Party, Kheda having address at Kamlam, Nadiad-Dabhan Road, Yogi Nagar, Taluka Nadiad, District Kheda.

3. The petitioners have submitted that one show cause notice was issued by the Party president on 2.9.2020 as to why the petitioners should not be suspended on the ground of their conduct was against the interest of the party, to which a detailed reply was submitted. The Dispute Application No.16 of 2020 came to be filed by respondent No.2- Dineshbhai Daklsukhbhai Rathod before the Designated Authority in respect of the alleged cross-voting of the petitioners. It is the case of the petitioners that despite the explanation having been given, the authority was pleased pass the impugned order on 15.1.2021. To substantiate the case, an averment is made to the effect that in an identical Dispute Application No.2 of 2020 on 11.8.2020, learned Authority passed an order on the ground that the name given by the District President had no authority in law and by raising multiple contentions, present petition is brought before the Court.

4. The Court on previous occasions issued notice vide order dated 9.2.2021 and thereafter, the Draft Amendment was moved, which came to be permitted vide order dated 15.3.2021 and by an order, the notice issued to the newly added party. The said order reads as under:-

1. Heard learned senior advocate Mr.H.M.Parikh with learned advocate Mr.Deepak Sanchela for the applicants – original petitioners, learned Assistant Government Pleader Ms.Jyoti Bhatt for Respondent No.1 and learned advocate Mr.Cheetrajeet Upadhyay with learned advocate Mr.Kirtan Mistry for the respondent no.2 through video conference.

2. Learned advocate Mr.Deepak Sanchela has tendered draft amendment. The same is taken on record, and is allowed. The applicants are directed to carry out the same forthwith.

3. Learned senior advocate Mr.Parikh submits that if this Court hears the main matter finally on the returnable date of main Special Civil Application and also observes that the result of the election, which is scheduled today, would be subject to final outcome of the main matter being Special Civil Application