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2018 Supreme(Guj) 562

S.R.BRAHMBHATT, A.G.URAIZEE
Rameshbhai Sumatbhai Humbal – Appellant
Versus
Laxmanbhai Tejabhai Khatariya – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.M. Mangukiya, Ms. Bela A. Prajapati
For the Respondents: Mr. Dipen K. Dave, Mr. D.K. Puj, Shrey H. Dave

JUDGMENT :

S.R. BRAHMBHATT, J.

1. Rule. M/s. D.K. Puj, Shrey H. Dave & Dipen K. Dave, learned advocates waives service of notice of Rule on behalf of respondent nos. 1, 2 and 3 respectively. By consent of the parties, Rule is fixed forthwith.

2. The petitioner, who happened to the petitioner in Election Petition No. 1 of 2017 in the Court of Principal Civil Judge, Bhachau, has approached this Court by way of this petition under Article 226 of the Constitution of India, inter-alia seeking following relief’s :

“(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 judgment rendered by the learned Election Tribunal below Exh. 34 dated November 29, 2017;

(B) 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 direct that Election Tribunal shall taken up the hearing of the Election Petition forthwith in view of the provisions contained in clause (b) of sub-section (7) of Section 31 of the Gujarat Panchayats Act, 1993;

(C) Pending admission and final disposal of the present petition, be pleased to stay

























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