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2003 Supreme(Guj) 603

K.M.MEHTA, R.K.ABICHANDANI
BHORANIYA RAFIQBHAI DAWOODBHAI – Appellant
Versus
KHORAJIYA SOYABHAI SULEMAN – Respondent


Advocates Appeared: D.PANDEY, M.S.Rao, P.K.JANIKIRAN, SANJAY M.AMIN

R. K. ABICHANDANI, J.

( 1 ) THESE three petitions raise identical issues against the impugned decisions of the Election Tribunal setting aside the result of the elections to the three wards in question of Bhilvan Gram Panchayat on the ground that the nomination papers of the respondent - candidates were wrongly rejected and directing the elections to the said wards to be held afresh by accepting their nomination papers, and further directing that the election to the office of Upa-Sarpanch of the Panchayat should not be held until the candidates elected from these three wards were able to participate in such election.

( 2 ) IN Special Civil Application No. 11970 of 2003, the returning officer, by his order dated 20th March 2002, informed the respondent No. 1, who had filed his nomination as a candidate for membership of the Village Panchayat from Ward No. 6 that his nomination paper was rejected on 19-3-2002 as he did not state the number of the ward therein. Even in Special Civil Application No. 11972 of 2003 also, similar communication sent on 20th March 2002 was sent by the Returning Officer to the respondent No. 1, stating that upon scrutiny done on 19th March 2002, the ward numb


















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