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2021 Supreme(Guj) 282

VIKRAM NATH, ASHUTOSH J.SHASTRI
Imtiyaz Khan Yakub Khan Pathan – Appellant
Versus
State Election Commission, Gujarat State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr KR Koshti
For the Respondent:Ms Manisha Lavkumar, Government Pleader With Ms Aishwarya Gupta, AGP Mr Mihir Joshi, Senior Advocate With Ms Roopal R Patel

JUDGMENT :

VIKRAM NATH, J.

1. We have heard Shri K.R.Koshti, learned counsel for the petitioner, Shri Mihir Joshi, learned Senior Advocate assisted by Ms.Roopal Patel, learned counsel for respondent No.1 – State Election Commission and Ms.Manisha Lavkumar, learned Government Pleader assisted by Ms.Aishwarya Gupta, learned Assistant Government Pleader for the State respondent Nos.2 and 3.

2. By means of this petition under Article 226 of the Constitution framed as a Public Interest Litigation, the petitioner who alleges himself to be a practicing Advocate at Ahmedabad and also being a Social Activist has prayed for the following reliefs :

    “(a) Your Lordships may be pleased to allow the present writ petition (PIL);

(b) Your Lordships may be pleased to issue a rate of mandamus or any other appropriate writ / direction / order to hold the action or inaction on the part of the respondent No.1 herein in not declaring or making announcement that the due election of the local bodes in the State of Gujarat will be conducted through ballot paper instead of Electronic Voting Machine since they don’t have VVPAT;

(c) Your Lordships may be pleased to pass appropriate writ, order or direction to quas

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