B.D.AGARWAL, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed challenging order dated 9th June, 2011 issued by the Block Development Officer, Gournagar R.D. Block, North Tripura, declaring that the writ petitioner has earned disqualification as a member of Laxmipur Gram Panchayat under sub-Section (2) to Section 16 of Tripura Panchayats Act, 1993. The writ petitioner is also challenging consequential order dated 10th June, 2011 issued by the same authority declaring that the writ petitioner has ceased himself to be a member of the aforesaid Gram Panchayat.
(2.) HEARD Mr. R. Dutta, learned counsel for the petitioner and Mr. G.S. Bhattacharjee, learned counsel, appearing for the respondent Nos.1, 2 and 3 as well as Mr. D. Sarkar, learned counsel for the respondent No.4. Respondent No.5 is represented by Mr. K. Das, learned counsel. It may be mentioned here that vide order dated 2nd November, 2011, the last opportunity was given to the respondents to file their affidavits. However, none of them have filed any affidavit. The writ petitioner's case is that he had contested the election as Member of Gram Panchayat under the banner of a political party (CPI-M) and was declared elected on 23.7.2009 by the Returning Officer. The petitioner's further case is that although he had continued to be a member of the same political party, election has been set aside on the ground that he has changed his political affiliation to another political party.
(3.) LEARNED counsel for the petitioner submitted that even if the writ petitioner has changed his affiliation from one political party to another political party, his election cannot be set aside, in as much as, Section 16(2) of the Act is applicable only to independent candidates and not to the candidates who are elected on party symbols. Section 16(2) of. Tripura Panchayats Act, 1983 is reproduced below: "16(2) A member of a Gram Panchayat who has been elected as such, otherwise than as a candidate set up by any political party, shall be disqualified for being a member of the Gram Panchayat if he joins any political party after such election". ;