C/SCA/3402/2021 CAV JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 3402 of 2021

With

CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021

In R/SPECIAL CIVIL APPLICATION NO. 3402 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J.B.PARDIWALA

Sd/-

and

HONOURABLE MR. JUSTICE ILESH J. VORA

Sd/-

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1

Whether Reporters of Local Papers may be allowed

to see the judgment ?

YES

2

To be referred to the Reporter or not ?

YES

3

Whether their Lordships wish to see the fair copy

of the judgment ?

NO

4

Whether this case involves a substantial question

of law as to the interpretation of the Constitution

of India or any order made thereunder ?

NO

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SUKESHBHAI MEGHJIBHAI BAVALIA

Versus

STATE ELECTION COMMISSION

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Appearance:

MR AJ YAGNIK for the Petitioner(s) No. 1,10,11,12,13,14,2,3,4,5,6,7,8,9.

MR MIHIR JOSHI, SR.ADVOCATE with MS ROOPAL R PATEL for the

Respondent(s) No. 1.

MS MANISHA LAVKUMAR SHAH, GOVT. PLEADER with MS AISHVARYA

GUPTA, AGP for the Respondent(s) No. 2, 3.

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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA

and

HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 26/02/2021

CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

Page 1 of 102

C/SCA/3402/2021 CAV JUDGMENT

1.

By this writ-application under Article 226 of the

Constitution of India, the writ-applicants, desirous of contesting

election to the Botad District Panchayat, have prayed for the

following reliefs :

“(A)

Your Lordships be pleased to quash and set aside the

impugned orders dated 15.02.2021 issued to the Petitioners

by the Respondent Election officer annexed hereto at

Annexure – D (colly) and be further pleased to declare the

same to be illegal, unconstitutional and arbitrary;

(B)

Your Lordships Be pleased to direct respondents and

respondent election commission as well as election officer in

charge of Botad District Panchayat Elections to accept the

mandate/nomination of the petitioners and allow them to

contest election in accordance with law and the provisions of

the constitution;

(C)

During the pendency and/or final disposal of the

present petition be pleased to direct respondent state

election commission and election officer in charge of Botad

District Panchayat Elections to accept the mandate/

nomination of the petitioners and allow them to contest

election in accordance with law and the provisions of the

constitution;

(D)

Your Lordhips be pleased to dispense with the

affidavit of the Petitioner and be further pleased to dispense

Page 2 of 102

C/SCA/3402/2021 CAV JUDGMENT

with the typed copies of all annexures on account of the

prevailing pandemic;

(E)

To grant any other and further reliefs that may be

deemed fit and proper and in the interest of justice.”

2.

The facts giving rise to this writ-application in the words of

the writ-applicants themselves, as pleaded in the memorandum

of the writ-application, are as under :

“Cause of Action for preferring the present petition

The Petitioners have been constrained to approach this

Hon’ble Court calling for its interference in its plenary

powers as the petitioners despite having submitted their

Form both K and KH well within the stipulated deadline that

is before 3 PM on 13.02.2021 the Respondent Election

officer has refused to consider the nomination of the

Petitioners on account of the fact that there is a technical

error of not ap