JUDGMENT :

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

“(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issue a writ of mandamus and/or certiorari and/or any other appropriate writ, order or direction in the nature of mandamus and/or certiorari quashing and setting aside the impugned order No.ELC/MND/S.U./Kubernagar/314/Counting of Votes 2021, dated 25.02.2021 (Annexure-A) and served on the petitioner at 2.30 a.m. on 26.02.2021 and be further pleased to declare that respondent No.1 is not competent to pass order of declaring the petitioner as defeated candidate, after declaration of results.

(C) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to stay the execution, operation and implementation of the impugned order No.ELC/MND/S.U./Kubernagar/314/Counting of Votes 2021, dated 25.02.2021 (Annexure-A) and served on the petitioner at 2.30 a.m. on 26.02.2021.