Gujarat High Court
Geetaben Bhupatbhai Degma vs State Of Gujarat on 17 July, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/8420/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.8420 of 2019
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GEETABEN BHUPATBHAI DEGMA
Versus
STATE OF GUJARAT
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Appearance :
MR Y.N. RAVANI WITH MR CP CHAMPANERI for the Petitioners.
MS DIVYANGNA JHALA, Assistant Government Pleader for the Respondent No.1.
MR MAHESH BHAVSAR for the Respondent No. 2
MRS HM BHAVSAR for the Respondent No.2.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 17/07/2019
ORAL ORDER
1. By way of the present petition under Articles 14, 19 and 226 of the Constitution of India, the petitioners have challenged institution of a petition being Dispute Application No.20 of 2018 at the instance of the private respondent under the provisions of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 and the Gujarat Provisions for Disqualification of Member of Local Authorities for Defection Rules, 1987.
2. Several contentions have been raised by the petitioner like maintainability of the second petition in view of the withdrawal of earlier petition filed by another member of the Municipality; the authority to file such petition under the Act since the party to which the petitioners belong have decided not to proceed against the petitioners under the said Act and Rules during the pendency of the earlier petition and the petitioners being elected members from another party.
3. After having heard learned advocates appearing for the Page 1 of 2 Downloaded on : Thu Jul 18 03:35:08 IST 2019 C/SCA/8420/2019 ORDER respective parties, I am of the opinion that the Designated Authority before whom the petition has been filed can decide all the aforesaid issues including the other issues which may be raised by both the parties. Hence, the Designated Authority shall decide the said petition i.e. Dispute Application No.20 of 2018 and shall deal with all the contentions raised by both the parties. The Designated Authority shall decide the said petition within the prescribed period as provided under the Rules.
4. With the aforesaid observation and direction, the present petition stands disposed of. It is made clear that this Court has not examined the merits of the case. Notice is discharged.
Direct servicer is permitted to both the parties.
(A.J.DESAI, J) SAVARIYA Page 2 of 2 Downloaded on : Thu Jul 18 03:35:08 IST 2019