Gujarat High Court issues notice in plea alleging "switching over" of elected members of Congress in abrogation of a valid whip
The Gujarat High Court recently issued notice in a plea averring that some members of the INC were in abrogation of section 3(1) of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for not voting in favour of the party even though a valid whip was received by them.
A bench of Justice Sangeet K. Vishen issued notice in the petition after hearing submissions from Advocate Dipen Desai who appeared for the petitioner.
As per petitioner, a valid whip was issued by the president of Banas Kantha district congress Samiti on September 8, 2020 on 3 members of the party, directing the elected members from the Indian National Congress to remain present in Taluka Panchayat’s meeting.
It was further directed to vote for the candidates sponsored by INC and that not following these directions will attract action under Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act (1986).
He further submitted that the whip was duly served upon all elected members and signature of members were taken. Moreover it was read over in the meeting held on 09/09/2020.
"Respondent no 2, 3 and 4 received the whip and their signature were taken," he said.
"Even after receiving the mandate personally, the respondents voted in favour of the candidate representing opposite party. Though respondent no. 2 Nehalben Thakore was belonging to INC, she contested for the post of vice-president on the banner of the opposite party," the advocate submitted
As per petitioner, it is a clear case of disqualification under section 3(1) of the said Act.
He drew court’s attention to the whip issued by BJP asking their members to vote in favor of Nehalben Thakore and that this is a clear case of switching over.
Petitioner filed petition under section 3(1B) of the said Act; however, designated authority treated the whip invalid not issued by competent authority.
The authority questioned the power of the president of Gujarat Pradesh congress samiti to issue a valid whip, as he delegated this power to concerned district presidents of congress samiti.
Respondent no. 2 gave statement before the authority stating that the signature placed on record was taken way back and the date is not mentioned.
The petitioner challenged the order dated 05/07/2021 contending that it is not in conformity with the Act.
Case Title: Zakirmohammad Memabhai Athania Vs. Designated authority under Gujarat disqualification of members of local authorities for defection Act and ors.