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TRIPURA HIGH COURT
Justices S. V. S. K. S. Rathi, J
Usha Barua v. State of Tripura and Others
| Table of Content |
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| 1. voting against the party whip leads to disqualification. (Para 2 , 3 , 4 , 5) |
| 2. authority's decision must follow principles of natural justice. (Para 6 , 7 , 8 , 14) |
| 3. elected representatives must be granted a hearing. (Para 10 , 19 , 20 , 29) |
| 4. the absence of a hearing violated due process. (Para 30 , 40) |
1. These three appeals are being disposed of by a common judgment since the issues involved are the same and they all arise out of one judgment of a learned Single Judge of this Court delivered in WP(C) 287 of 2012, WP(C) 408 of 2012, WP(C) 409 of 2012 and WP(C) 446 of 2012 dated 10-01-2014 whereby he dismissed the writ petitions filed by the present petitioners (appellants herein).
2. The undisputed facts are that the appellants herein were elected as members of Fatikroy Gram Panchayat as members of the Indian National Congress (for short, INC). At the time when the election took place, out of the 12 (twelve) members elected to the Gram Panchayat, 8(eight) including the appellants belonged to the INC and 4(four) belonged to the Communist Party of India (Marxist) [for short, CPI(M)]. Thereafter, Suprava Nag and Subhash Datta of the INC (private respondent nos. 7
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