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ASHUTOSH J. SHASTRI
Heenaben Mukeshbhai Bhoi – Appellant
Versus
Pritiben Umeshkumar Soni – Respondent
JUDGMENT :
1. By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the legality and validity of the impugned order dated 31.7.2021 passed by respondent No.1 authority in Application No.12 of 2020, whereby the petitioners have been disqualified as Councilor of Lunavada Municipality under the provisions of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (Act No.23 of 1986) (hereinafter to be referred as ‘the Act’) and the Rules framed thereunder.
2. The background of facts of the present petition is that the general election of Lunavada Municipality took place in the year 2018 and the petitioners were set up as official councilors of Bhartiya Janta Party. The petitioner No.1 was set up as a candidate of BJP from Ward No.4, whereas petitioner No.2 was set up as a candidate from Ward No.5 and petitioner No.3 was set up as a candidate of BJP from Ward No.7 and was declared as selected by the competent authority appointed by the State Election Commission. The result of Lunavada Municipality was declared on 19.2.2018.
3. The Municipality is consisting of 28 councilors, out of which, 11 cand
Point of Law- In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative....
High Court in exercising the jurisdiction under Article 227 of the Constitution of India was totally erroneous.
Point of Law : Principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi-judicial proceeding if such a proceeding has to inspire con....
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
Elected councillors can be disqualified for abstaining from votes if they fail to prove lack of proper service of a whip under anti-defection laws, as intent and knowledge of proceedings are crucial ....
There can be many inferences for voluntarily giving up the membership even if one has not resigned; the case at hand is one where the petitioners have all resigned, therefore, no inference need be dr....
The main legal point established in the judgment is the requirement for clear communication of the direction issued by a political party to its councilors to invoke the provisions of the Karnataka Lo....
Service of a political party whip is deemed effective under the General Clauses Act when properly addressed and posted, presuming the recipient's awareness of its contents.
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