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2000 Supreme(Guj) 740

B.C.PATEL, P.B.MAJMUDAR
AMARSINHBHAI BHILABHAI CHAUDHARY – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.OZA, K.G.VAKHARIA, M.P.SHAH, S.N.SHELAT, TUSHAR MEHTA

B. C. PATEL, J.

( 1 ) ). THE petitioner, who was Chief Minister in the State of Gujarat, has filed this petition under Art. 226 of the Constitution of India challenging the order made by His Excellency the Governor of Gujarat on 17th april, 2000 in exercise of powers under Sec. 8 (3) of the Gujarat Lokayukta act, 1986 (hereinafter referred to as the Act ).

( 2 ) ). Brief Facts : the petitioner filed Special Civil Application No. 2397 of 1999, inter alia, praying for quashing and setting aside the decision/approval dated 17th January, 1997 and/or 28th January, 1997, purported to have been given under Sec. 19 (3) of the Act as well as the letter dated 15th March, 1999. It was alleged in the petition that the respondent No. 2, the present Lokayukta has a bias against the petitioner, and therefore, the proceedings pending before the Lokayukta should not be allowed to continue. Learned single Judge on 9th July, 1999 admitted the petition and granted interim relief. Against the order passed by the learned single Judge, a Letters Patent Appeal was preferred before the Division Bench, being L. P. A. No. 1080 of 1999. The Division Bench was of the view that the application which was made bef









































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