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2021 Supreme(Guj) 11

A.P.THAKER
Kamleshbhai Ranchhodbhai Joshi – Appellant
Versus
Election Commission of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Sonal D. Vyas.

JUDGMENT :

A.P. THAKER, J.

1. Present Election Petition has been filed under Article 329 (b) of the Constitution of India and under the provisions of The Representation of the People Act, 1950 (for short “the Act”) for the following prayers:-

    “10. The petitioner therefore prays that:

(A) Your Lordships may be pleased to quash and set aside the result dated 18.12.2017 qua the 36-Gandhinagar (North) Constituency of legislative Assembly, declaring the respondent no. 4 as being elected as Member of the Gujarat Legislative Assembly.

(B) Pending hearing and final disposal of the petition the result dated 18.12.2017 qua the 36-Gandhinagar (North) Constituency of legislative Assembly, declaring the respondent no. 4 as being elected as Member of the Gujarat Legislative Assembly may be stayed.

(C) Such other and further reliefs which the Honourable Court may deem fit, just and proper be granted in the facts and circumstances of the present case and in the interest of justice.”

2. According to the petitioner, he being eligible for contesting the election of the State Legislature, he filled up th

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