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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
VIJAY BISHNOI, C.J., N. UNNI KRISHNAN NAIR, J.
Likha Sang Chorre, W/o. Shri Likha Tara & Ors. - Petitioners
Versus
The Deputy Commissioner Lower Subansiri District, Arunachal Pradesh & Ors. - Respondents
WA No. 328 of 2024
Decided On : 27-09-2024
Defection - Zilla Parishad Membership - Arunachal Pradesh Local Authorities (Prohibition of Defection) Act, 2003 - The court interpreted the provisions of the Defection Act, emphasizing that voluntary resignation or merger with another party leads to disqualification, irrespective of subsequent actions or acceptance of resignation.
Fact of the Case:
The appellants, elected members of the Zilla Parishad, were disqualified after attempting to merge with another political party and resigning from their original party, BJP. They contested the disqualification based on their claims of not having formally completed the merger and withdrawing their resignation.
Finding of the Court:
The court upheld the disqualification, stating that the appellants had voluntarily given up their membership of the BJP by informing the authorities of their merger and submitting their resignation, regardless of subsequent actions.
Issues: Whether the appellants voluntarily gave up their membership of the BJP, leading to their disqualification under the Defection Act.
Ratio Decidendi: The court concluded that the act of informing about the merger and submitting resignation constituted voluntary relinquishment of party membership, triggering disqualification under the Defection Act.
Result: The appeal was dismissed, affirming the disqualification of the appellants from the Zilla Parishad.
JUDGMENT :
Vijay Bishnoi, C.J.
Heard Mr. D. Das, learned senior counsel, assisted by Mr. R.B. Phookan, learned counsel appearing for the appellants. Also heard Mr. A. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh, appearing on behalf of respondents No.1 and Mr. D. Mozumdar, learned senior counsel, assisted by Mr. S.K. Deori, learned counsel appearing for the respondent No.3.
2. This intra-Court appeal is preferred by the appellants assailing the order dated 30.05.2024, passed by the learned Single Judge in WP(C) No.211(AP)/2024, whereby the writ petition filed by the appellants has been dismissed.
3. The appellants filed the WP(C) No.211(AP)/2024 assailing the order dated 14.05.2024 passed by the Deputy Commissioner, Lower Subansiri District, Ziro, whereby the appellants had been disqualified to hold the posts of Zilla Parishad Member of Lower Subansiri District Zilla Parishad, Arunachal Pradesh.
4. The brief facts of the case are that the appellants were elected as Members of Lower Subansiri District Zilla Parishad (hereinafter referred to as “Zilla Parishad”) from different constituencies and the same is evident from the Certificates of Election annexed by them with the writ petition. It is to be noticed that the appellants contested in the elections for the posts of Member of the Zilla Parishad as candidates from a political party, namely, Bharatiya Janata Party (BJP) and they were elected as Members of the Zilla Parishad.
5. The Government of Arunachal Pradesh, in exercise of powers conferred under sub-Section (2) of Section 1 of the Arunachal Pradesh (Reorganization of Districts) (Amendment) Act, 2024, has created a new district in the name of Keyi Panyor District. The above referred district is created out of the area of Lower Subansiri District of Arunachal Pradesh. However, the fact remains that despite creation of Keyi Panyor District, a separate Zilla Parishad for the said district has not been constituted as per the provisions of Section 85 of the Arunachal Pradesh Panchayat Raj Act, 1997.
6. Be that as it may, the appellants along with one independent Member of the Zilla Parishad sent a letter dated 28.03.2024 to the Deputy Commissioner-cum-Member Secretary, Keyi Panyor District, informing that they had merged with NCP (Ajit Pawer). A similar letter was also addressed to the District President, BJP, Keyi Panyor District, on the same day. The letter dated 28.03.2024, written by the appellants to the Deputy Commissioner, Keyi Panyor District is reproduced hereunder :
The Deputy Commissioner-cum-Member Secretary,
Keyi Panyor District,
Tergapin-Samsath, Yachuli,
Sub: Merger to NCP (Ajit Pawar) with more than 2/3rd majority.
Sir,
It is to respectfully inform and bring to your notice that we the undersigned 05 (five) ZPMs (including the present ZPC) out of total 6 (six) ZPMs of Keyi Panyor District Zilla Parishad, do hereby merge to NCP (Ajit Pawar) with more than 2/3rd majority.
Therefore, our merger may kindly be acknowledged.
Yours faithfully,
Sd/-
1. Smti Likha Sang Chhore, ZPC
Sd/-
2. Shri Nilly Likha Tabo, ZPM 04-Pistana.
Sd/-
3. Smti Khode Dipung, ZPM, 20-Uppar Yachuli
Sd/-
4. Smti Gem Aiti, ZPM, 02-Yachuli
Sd/-
5. Smti Nabam Piju, ZPM, 01-Pitapol”
7. On 29.03.2024, the State President (in-charge)-cum-Chairman, State Disciplinary Action Committee, BJP, Arunachal Pradesh issued a Show Cause Notice to the appellants for initiating disciplinary action against them alleging that the appellants were indulged in anti party activities. It appears that the appellants did not furnish their reply to the said Show Cause Notice and the said State President (in-charge)-cum-Chairman, State Disciplinary Action Committee, BJP, Arunachal Pradesh, expelled the appellants from BJP by issuing separate Expulsion Letters dated 07.04.2024. The State President (in-charge)-cum-Chairman, State Disciplinary Action Committee, BJP, Arunachal Pradesh also intimated the factum of expulsion of the appellants from the BJP to the Member Secr
Voluntary resignation or merger with another party, as per the Defection Act, leads to disqualification, regardless of subsequent actions or acceptance of resignation.
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....
In disqualification proceedings under the Tenth Schedule, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, contrary to the Speaker's ruling.
When a member stood for the election to contest against a candidate of his own coalition, it can be deemed that the member has voluntarily given up his membership of the political party.
Section 3(1)(b) of the Act applies only if the elected person is an independent member of the coalition.
Point of law: Election - Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
Speaker discharges quasi-judicial function while adjudicating question of disqualification of a Member. Such decision is amenable to judicial review.
Decisions impacting rights of elected representatives must adhere to natural justice, including providing notice and opportunity for hearing.
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