JUDGMENT :

(BIREN VAISHNAV J.

1. This Letters Patent Appeal has been filed by the appellant who was the respondent no.1 in Special Civil Application No.10615 of 2021. The appeal has been filed challenging the oral order dated 28.07.2021 passed in Special Civil Application No.10615 of 2021 filed by the respondent no.1 - Brindaben Nilanjkumar Shukla. The order under challenge dated 28.07.2021 reads as under:

“Heard Mr. B.M. Mangukiya, learned advocate appearing for the petitioner and Mr. C.B. Upadhyaya, learned advocate appearing for the respondent no.1 on caveat.

Issue notice, returnable on 3.8.2021.

In the meantime, it will be open for the petitioner to make an application to the learned Designated Authority for an adjournment. Let the same be considered.”

2. For the sake of convenience the appellant Pritiben Umeshkumar Soni shall be hereinafter referred to as ‘the applicant’. This is because she had filed Dispute Application No.13 of 2020 before the Designated Authority praying that the respondent no.1 herein be disqualified under the provisions of Section 3 of the provisions of Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter