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2021 Supreme(Guj) 178

J.B.PARDIWALA, ILESH J.VORA
Sarifaben Isubbhai Mahetar – Appellant
Versus
State Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR AJ YAGNIK
For the Respondent:MS. MANISHA LUVKUMAR SHAH, LD. GOVERNMENT PLEADER with MS. AISHWARYA GUPTA, MR. MIHIR JOSHI, LD. SR. COUNSEL with MS. ROOPAL PATEL, LD. ADVOCATE

JUDGMENT :

J.B.PARDIWALA, J.

“A judge should value independence above gold, not for his or her own benefit, but because it is of the essence of the rule of law.” - Lord Chief Justice Phillips

Dr. Barrack in his book ‘The Judge in a Democracy’ has very eloquently described the role and function of a judge:

    “As a judge, I do not have a political platform. I am not a political person. Right and left, religious and secular, rich and poor, man and woman, disabled and nondisabled, all are equal in my eyes. All are human beings, created in the image of the Creator. I will protect the human dignity of each. I do not aspire to power. I do not seek to rule. I am aware of the chains that bind me as a judge and as the president of the Supreme Court. I have repeatedly emphasized the rule of law and not of the judge. I am aware of the importance of the other branches of government – legislative and executive – which give expression to democracy. Between those two branches are connecting bridges and checks and balances. I view my office as a mission. Judging is not a job. It is a way of life. Whenever I

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