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2019 Supreme(Guj) 450

S.R.BRAHMBHATT, A.G.URAIZEE
Jagdishbhai Mangabhai Vasava – Appellant
Versus
State Of Gujarat Through The Secretary To The Government Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Chintanika Lukhi Advocate For Mr. BM Mangukiya, Ms Bela A Prajapati
For the Respondent: Mr. Dhawan Jayswal AGP, Mr. VC Vaghela, Ms Roopal R. Patel

JUDGMENT :

S.R. BRAHMBHATT, J.

1. In this group of four petitions the petitioners, who happened to be Councillors of Rajpipla Municipality and who have alleged to have resigned, have approached this Court by way of these petitions challenging the Communication dated 09.08.2018 of the Chief Officer, respondent no.3, to the Election Commission calling upon the Commission to initiate bi-election proceedings for those vacancies said to have arisen on account of so called resignations of the petitioners.

2. As the entire issue pertains to a question as to whether during the pendency of the adjudication before the competent authority in respect of the dispute regarding resignation, can the vacancies said to have arisen on account thereof, be treated vacancies warrant initiation of bi-election proceedings ? Hence, all the matters heard together and are being disposed of by this common judgment and order, at the request of learned counsels for the parties. The formality of Rule is required to be completed, hence, Rule. Learned AGP waves service of notice of Rule on behalf of respondent nos.1 and 2, learned counsel Shri Vaghela waves service of notice of Rule on behalf of respondent no.3 and M




























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