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2018 Supreme(Guj) 191

S.R.BRAHMBHATT, A.G.URAIZEE
Marutiben Dhudabhai Gamar – Appellant
Versus
State Election Commission – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.M. Mangukiya, Advocate, Ms. Bela A. Prajapati, Advocate
For the Respondents:Ms. Jirga Jhaveri AGP., Ms. Roopal R. Patel, Advocate

JUDGMENT :

S.R. BRAHMBHATT, J.

1. Rule. Ms. Jhaveri, learned AGP waives service of notice of rule on behalf of the respondent no.1 – State. Ms. Roopal Patel, learned advocate waives service of notice of rule on behalf of the respondent no.2. By consent, rule is fixed forthwith.

2. Heard learned counsels for the parties. The petitioner who happened to be the candidate aspiring to be contestant in Election of Bhabhar Taluka Panchayat pursuant to the Notification dated 31st January 2018 has approached this Court by way of this petition with following prayers.

(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to quash and set aside the impugned order dated 09.02.2018 passed by the respondent no.2, rejecting the nomination form of the petitioner, and further be pleased to direct the respondent no.2 to accept the nomination from of the petitioner and permit the petitioner to contest the election of the Taluka Panchayat, Bhabhar from 17 Vadana constituency;

(B) Pending admission and final disposal of the present petition, be pleased to stay the implementation, operation and execution of the impugned order dated




























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