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2021 Supreme(SC) 105

ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
Parmar Samantsinh Umedsinh – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Petitioner(s):Kapil Sibal, Anirudh Sharma, Ranjeeta Rohatgi, Anando Mukherjee, Advocates
For the Respondent(s):Tushar Mehta, Manisha Lavkumar, Aniruddha P. Mayee, Aastha Mehta, M/S. A P & J Chambers, Jesal Wahi, Maulik Nanavati, Deepanwita Priyanka, Hemantika Wahi, Advocates

JUDGMENT :

ASHOK BHUSHAN, J.

1. Leave granted.

2. The civil appeals and writ petition, being tagged, all three matters have been heard together.

3. We need to notice the facts and pleadings in the first matter, i.e. Civil Appeal (arising out of SLP (C) No. 24950 of 2015, Parmar Samantsinh Umedsinh vs. State of Gujarat and Others). The abovesaid appeal has been filed against the judgment of Gujarat High Court dated 29.07.2015 in Special Civil Application No. 12084 of 2015 dismissing the writ petition following an earlier Division Bench judgment dated 13.08.2010 in Pankajsinh Waghela vs. State Election Commission through Election Commissioner and others. The writ petition was filed by the appellant herein challenging the vires of Section 5(3) (iii)(a) and Section 29A of the Gujarat Provincial Municipal Corporation Act, 1949 (hereinafter referred to as “Act 1949”) and other statutory provisions including Rules framed thereunder and the notifications. In the writ petition following reliefs were claimed:

    “(A) Issue a writ of declaration, declaring that:

    (a) Section 5(3)(iii)(a) and 29A of the Gujarat Provincial Municipal Corporation Act, 1949.

    (b) Sections 2 and 3 of the Gujarat Local Author


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