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1999 Supreme(Guj) 761

R.K.ABICHANDANI, D.H.WAGHELA
GOHEL SUNIL DEVSHI – Appellant
Versus
STATE ELECTION COMMISSIONER – Respondent


Advocates Appeared: H.L.PATEL, K.G.VAKHARIA, N.V.Anjaria, P.G.DESAI, P.M.THAKKAR, TUSHAR MEHTA

R. K. ABICHANDANI, J.

( 1 ) ALL these appeals involve common questions and have been argued together. They are directed against the decision of the learned Single Judge rendered on 23. 12. 1999 in Special Civil Application No. 10037 of 1999 and Special Civil Application No. 10041 of 1999 dismissing the petitions and vacating the mandatory interim relief by restoring status quo ante. The petitioners have challenged the order dated 8. 12. 1999 of the Election Commission by which the candidates who had filled in their nominations purporting to be candidates set up by a recognized political party were required to furnish the requisite letter evidencing that fact by 3. 00 p. m. on the date of filing of the nomination papers. As per the programme which was announced by the Election Commission on 6. 12. 1999, the last date for submitting nomination papers was 13. 12. 1999. The date of scrutiny was 15. 12. 1999 and the date for withdrawing the nomination was 17. 12. 1999. The last date of voting was 2. 1. 2000 which has been later changed to 7. 1. 2000. According to the petitioners, as per that programme, in view of the Explanation 2 to Rule 15 of the Gujarat Municipalities (Conduct of Elec







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