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2007 Supreme(Guj) 527

AKSHAY H.MEHTA
DEVABHAI PARBATBHAI AVADIA – Appellant
Versus
P. D. WAGHELA, COMPETENT AUTHORITY – Respondent


Advocates Appeared: A.R.THAKER, N.K.PAHVA, SUNIT SHAH

AKSHAY H. MEIITA, J.

( 1 ) THIS Court issued Rule on the petition on 24/8/2007. Mr. Sunit Shah, Ld. GP waived service of rule for respondents nos. . land 2 and Mr. A. R. Thakkar, learned advocate waived service of rule for respondents nos. 3 to 6. At the request of the learned advocates for the parties and looking to the urgency, the petition was : taken up for final hearing on 24/8/207 itself. The hearing got concluded on 29/8/ 2007. Thereafter, the petition has been adjourned to 03/09/2007 for pronouncement of the judgment. Now it is being disposed of by this CAV judgment.

( 2 ) THE petitioners herein seek to challenge the proceedings initiated against them under the provisions of The Gujarat provision for Disqualification of Members of Local Authorities for Defection Act, 1986 [hereinafter referred to as the Act ] and The Gujarat Provision for disqualification of Members of Local authorities for Defection Rules. 1987 [hereinafter referred to as the Rules ] as also The Gujarat Provision for disqualification of Members of Local authorities for Defection (Amendment)Rules, 2007 [hereinafter referred to as the amendment Rules ]. The proceedings have been initiated against the petitio

































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