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2010 Supreme(Guj) 246

SUDHANSU JYOTI MUKHOPADHAYA, AKIL KURESHI
PANKAJSINH WAGHELA – Appellant
Versus
STATE ELECTION COMMISSION THROUGH ELECTION COMMISSIONER – Respondent


Advocates Appeared:
MR YN OZA, SR COUNSEL WITH MS SRUSHTI A THULA for Petitioner(s):1,NOTICE SERVED BY DS for Respondent(s): 1 - 8.
MR NV ANJARIA for Respondent(s):
1,M/S TRIVEDI & GUPTA for Respondent(s): 2,
MR KAUSHAL D PANDYA for Respondent(s): 3,
MR RM CHHAYA for Respondent(s): 4,
MR PREMAL R JOSHI for Respondent(s): 5,
MR HS MUNSHAW for Respondent(s): 6,
MR NILESH A PANDYA for Respondent(s): 7,
GOVERNMENT PLEADER for Respondent(s): 8,
MR KB TRIVEDI for Respondent(s): 8,

JUDGMENT

1. This petition filed in the nature of public interest litigation raises challenge to the manner in which the respondents-the State Government as well as the State Election Commission have decided to conduct election of Councilors to different Municipal Corporations in the State of Gujarat. Sole objection of the petitioner is that when the local area of Municipal Corporation is divided into different wards, each ward must have one Councilor and policy of having multi-member wards (three number in present case) is constitutionally invalid.

2. Briefly stated, facts are as follows :

2.1 Undisputedly in six Municipal Corporations situated in the State of Gujarat namely, Ahmedabad, Surat, Rajkot, Jamnagar, Bhavnagar and Vadodara, term of elected bodies of the Corporations would be over in October December 2010 and the elections for the new Corporations therefore, would be held shortly to elect new bodies of the Corporations. For such a purpose, the State Election Commission has already undertaken task of delimitation by issuing notification on 29.1.2010. The election programme is not yet announced. For holding such elections, State Government has issued notifications determining


































































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