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2021 Supreme(Guj) 26

BIREN VAISHNAV
Chandanji Talaji Thakor – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
MR HRIDAY BUCH, MR DEVANG VYAS, ASG WITH MR SIDDHARTH H DAVE, adv.

ORDER :

ORDER IN CIVIL APPLICATION

Heard. In view of the averments made in the Civil Application, the applicant is permitted to be joined as party respondent no. 3 in the main writ petition. Civil Application is accordingly allowed.

ORDER IN SPECIAL CIVIL APPLICATION

1. Heard learned advocates appearing for the respective parties. With consent of learned advocates appearing for the respective parties, petition is taken up for final hearing today.

2. By way of this petition, under Article 226 of the Constitution of India, petitioners - 3 in number have prayed for a writ of mandamus or a writ in the nature of mandamus or direction for quashing and setting aside the notification dated 04.01.2021 of the respondent no. 2 University for election of two members in the Executive Council to be elected from amongst the members of the Court of the University.

3. The case of the petitioners is that Section 15 of the Hemachandracharya North Gujarat University Act (‘the Act’ for short) provides for authorities of the University which includes the Court, the Executive Council etc. The elections to the Executive Council for two members ought not to be held as the Court constituted under Section 16 of th

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