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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Likha Sang Chorre, W/o. Shri Likha Tara – Appellant
Versus
Deputy Commissioner Lower Subansiri District, Arunachal Pradesh – Respondent
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
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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