JUDGMENT :

R.M. Chhaya, J.:--

1. Heard learned advocates appearing for the respective parties.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following main reliefs:-

"B) Issue a writ of mandamus or any other woo to quash and set aside the entire elections from the stage of and including the stage of polling, for the election of the Sarpanch, Ode Gram Panchayat, Taluka Daskroi, District Ahmedabad, voting for which was held on 19.12.2021 and counting for which was held on 21.12.2021 and further direct respondent no. 1 to conduct fresh elections from the stage of polling within one month of the disposal of this petition;

C) Pending the disposal of this petition, stay the result of the election declared on 21.12.2021, of the Sarpanch, Ode Gram Panchayat, Taluka Daskroi, District Ahmedabad, polling for which was held on 19.12.2021;"

3. It is submitted that the elections were held on 19.12.2021 and the election programme is as under:-

4. The Hon'ble Division Bench of this Court in the case of Dineshbhai Chhaganbhai Gamit v. Gujarat State Election Commission, reported in 2021 (2) GLH 281 has observed thus:-

"75. Our aforesaid discussion may be summarised as under:

(1) Article 243-O of the Constitution of India does not per se bar judicial review, which is part of the basic structure of the Constitution, although such jurisdiction should not ordinarily be exercised. There is a difference between 'power of judicial review' and 'judicial power'. The 'power of judicial review' is specially conferred on the Constitutional Courts, i.e. the High Courts and the Supreme Court, under Articles 226 and 32 of the Constitution, respectively.

(2) It is settled principle that where there is an effective alternative remedy under the statute, the High Court should not exercise its jurisdiction as a self-imposed restriction. In electoral matters, the High Court observes self-impose limitations and declines to interfere with the election process when once the election notification is issued. But, where the constitutional validity of an Act or a Rule or provision of an Act affecting the election is challenged, or where an error in exercising such jurisdiction or malafides or non-compliance of rules of natural justice is established, the High Court has got ample power to render justice by exercising the power of judicial review conferred on it under Article 226 of the Constitution of India.

(3) The bar of interference by 'courts' in electoral matters should be understood as the bar against the ordinary courts and not against the Constitutional Courts, and it cannot be said that the Parliament intended to take away the power of judicial review of the Constitutional Courts by incorporating Article 243-O of the Constitution. If Article 243-O of the Constitution has to be construed so as to bar the jurisdiction of the Constitutional Courts, i.e. the High Courts and the Supreme Court, the same will be against the basic structure or the basic feature of the Constitution, and accordingly, it is void.

(4) The right to contest an election is neither a fundamental right nor a common law rig