Sherasiya Inayat Husainbhai vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 299

BHARGAV D. KARIA
Sherasiya Inayat Husainbhai – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Petitioner: Mr. Bharat T. Rao.
For the Respondent: Mr. Dhawan Jayswal.

JUDGMENT :

1. Heard, learned advocate Mr. Bharat T. Rao for the petitioners and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent Nos. 1 and 2. Though served, no one appears for respondent Nos. 3 and 4.

2. Rule. Learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of rule on behalf of the respondent Nos. 1 and 2. Notice of rule is not required to be issued upon respondent Nos. 3 and 4 as the issues involved in this petition are purely of legal nature and character and sufficient assistance is rendered by the learned Assistant Government Pleader Mr. Jayswal.

3. Having regard to the controversy in narrow compass, with the consent of the learned advocates for both the sides, the petition is taken up for final hearing.

4. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

“38(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by quashing and setting aside the Amendment Order of delimitation of constituencies passed by respondent No. 2 on 6.2.2023 (Annexure-K) and further be pleased to quash and set a