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2009 Supreme(Guj) 564

ANANT S.DAVE
PADHYA KAMINIBEN SANATKUMAR – Appellant
Versus
MANISHKUMAR SURESHCHANDRA ACHARYA – Respondent


Advocates appeared:
Prakash K. lani, for the Petitioners.
Ashim Pandya for M/s. H. L. Patel Advocates, for Respondent No. 1.
Tushar Mehta, Additional Advocate General with Sat yam Chhaya, A.G.P., for Respondent No.2.

JUDGMENT

ANANT S. DAVE, J. In this petition under Arts. 226 and 227 of the Constitution of India, the following prayers are made :

"(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside order dated 26-12-2008 passed by respondent No.

2-authority whereby disqualifying the present petitioners under the provisions of the Act [at Annexure 'AA' hereto]";

(B) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to stay further operation, implementation and execution of order dated 26-12-2008 passed by respondent No.2-authority whereby disqualifying the present petitioners under the provisions of the Act (at Annexure 'AA' hereto");

2. Thus, order dated 26-12-2008 is passed by the Designated Authority while exercising powers under Sec. 3 of the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (for short, 'the Act') read with Rule 3 of Gujarat Provision for Disqualification of Members of Local Authorities for Defection Rules, 1987 (for short, 'the Rules').

3. The brief facts giving rise to











































































































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