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2021 Supreme(Guj) 797

ASHUTOSH J.SHASTRI
Bhanumatiben Ramsinh Vaghela – Appellant
Versus
Designated Officer, Urban Development And Urban Housing Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Hmparikh, Senior Advocate With Mr Deepak P Sanchela
For the Respondent:Mr Chitrajeet Upadhyay, Advocate For Mr Kirtan H Mistry Ms Nisha Thakore

JUDGMENT :

1. By way of this petition under Article 227 of the Constitution of India, two petitioners have come forward to challenge the legality and validity of the impugned order dated 15.1.2021 passed by learned Designated Authority in Dispute Application No.16 of 2020.

2. Brief facts which have given rise to the present petition are that General Election of Kheda Municipality was conducted in the year 2018 and present petitioners stood elected and the election for second term of the President and Vice president came to be followed on 2.9.2020. The petitioners say that the authority was given by BJP Party President, Gujarat State and the power was given to one Keshaji Chauhan, BJP District President, Banaskantha to issue whip on 2.9.2020 and according to the petitioners, said so-called whip came to be issued by Keshaji Chauhan, District President BJP on the very same day on 2.9.2020. In the meeting for electing President and Vice President held at 12.00 p.m. in the meeting room, there was no scope to collect whip even looking to the letter of Shri C.R. Patil as well as the whip issued by Shri Keshaji Chauhan. According to the petitioners, three line whip was given on the very same

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