LAWS(GJH)-2009-5-2

SHEIKH NARSINHBHAI DAHYABHAI Vs. RAMCHENDRA J BASIYA

Decided On May 01, 2009
SHEIKH NARSINHBHAI DAHYABHAI Appellant
V/S
RAMCHENDRA J BASIYA Respondents

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioners had challenged the constitutional validity of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 and the rules framed thereunder being the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Rules, 1987. The petitioners had also prayed for quashing the proceedings under the said Act and Rules being Application Nos. 65 to 72 of 1987 which were then pending before respondent No. 3 Secretary to the Government of Gujarat, General Administration Department and prayed for permanent injunction to restrain the said authority from proceeding with the said inquiry.

(2.) WHILE admitting the petition on 15. 4. 1991, interim relief as prayed for was refused and this Court had specifically observed that the proceedings pending before respondent No. 3 shall proceed further in accordance with law.

(3.) WITH passage of time, the petition has obviously become infructuous as the term for which the petitioners were elected as members of the Bagasra Municipality came to an end long back by efflux of time.