[Tripura Panchayat Act] Essential To Communicate Party Whip Prior To Election Process, Mere Reading Of Whip Not Sufficient: High Court

Setting aside a declaration in terms if which the petitioners had earned disqualification and thereby ceased to be a member of the gram panchayat, the Tripura High Court recently observed that it is essential to communicate party whip prior to the commencement of the election process. Mere reading loudly of the whip does not come within the purview of the Tripura Panchayat Act and the Rules framed thereunder, it added.The petitioners being members of West Kuchainala Gram Panchayat, Tripura had challenged their disqualification by their party on the ground that there was no communication on the part of respondent no. 3 for issuance of party whip.Petitioners further argued that mere reading of the party whip cannot substitute the communication of the party whip to the elected members of the gram panchayat and that since whip was not served upon the petitioners prior to commencement of the election process, the ceasing of the membership of the petitioners cannot sustain as per law.Examining the law applicable to the instant matter the bench comprising Chief Justice (ACTING) Amarnath Goud & Justice Arindam Lodh noted that Section 16 of the Tripura Panchayat Act, 1993 read with Rule 27 of Rule 27 of Tripura Panchayats (Election of Officer Bearers) Rules, 1994, are amply clear that in case a meeting is said to be convened for removal of the office bearers of the Gram Panchayat, reasonable opportunity needs be given and in the place where whip has been issued under the Acts and Rules, service of whip is an essential ingredient.Pointing out to the relevant statutes of the Act and Rules made thereunder, the court emphasised that it is essential to communicate party whip prior to the commencement of the election process. "Mere reading loudly of the whip does not come within the purview of the said Act and Rules. Further, there is no evidence on record that any written intimation of the party whip was ever served upon any of the petitioners", the bench added. Observing that the disqualification of the petitioners from being members of the Gram Panchayat is wholly disproportionate to the default committed by the respondents under Section 16 of the Act and under Rule 27 of the Rules, the court held that the impugned declaration dated 24.09.2021 betrays the utter nonapplication of mind to the facts of the case and the relevant law and hence needs be interfered with. Accordingly, the impugned declaration disqualifying the petitioners from the membership of West Kachuinala Gram Panchayat for violation of party whip was quashed and set aside. "The petitioners are declared to continue as elected Office Bearers till their tenure, if not, facing any other dis-qualification", the bench concluded. Case Title: Shri Gautam Das Vs State of Tripura.Citation: 2023 LiveLaw (Trip) 5Click Here To Read/Download Order

[Tripura Panchayat Act] Essential To Communicate Party Whip Prior To Election Process, Mere Reading Of Whip Not Sufficient: High Court

Basit Amin Makhdoomi

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