Ghanshyambhai Kantilal Solanki vs State Of Gujarat on 1 February, 2021

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Gujarat High Court

Ghanshyambhai Kantilal Solanki vs State Of Gujarat on 1 February, 2021

Bench: Bhargav D. Karia

          C/SCA/11/2021                                                 ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11 of 2021

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                   GHANSHYAMBHAI KANTILAL SOLANKI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR CP CHAMPANERI(5920) for the Petitioner(s) No. 1
MS. BINA G BAROT(7016) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
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 CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 01/02/2021

                                 ORAL ORDER

Heard learned advocate Mr. C.P. Champaneri for the petitioner through video conference.

Learned advocate Mr. Champaneri has tendered draft amendment. The same is allowed in terms of the draft. To be carried out forthwith.

Learned advocate Mr. Champaneri pointed out that after filing of the petition, the term of Municipality has come to an end as per section 8 of the Gujarat Municipalities Act, 1963. Mr. Champaneri further submitted that as per the provisions of section 3 of AntiDefection law, the person who incurs disqualification has to be removed from the post on account of disqualification. However, as the term has already been over the same may not be Page 1 of 2 Downloaded on : Tue Feb 02 21:02:54 IST 2021 C/SCA/11/2021 ORDER possible but the petitioner is interested to pursue this Special Civil Application challenging the legality and validity of the impugned order passed by respondent no.1 as the same is contrary to law and settled legal position.

In view of the development that the term of the Municipality has come to an end after filing of the petition, it would be an academic exercise to test the legality and validity of the impugned order passed by respondent no.1 because if the prayers made in this petition are allowed, the same cannot be given effect to as the term of Municipality has come to an end.

In such circumstances, I am of the opinion that without going into the merits of the matter and keeping all the contentions raised by the petitioner in this petition open to be raised in an appropriate matter, this petition is not required to be entertained in view of subsequent development pointed out by learned advocate Mr. Champaneri that the term of Municipality has come to an end.

Petition is accordingly disposed of without entering into the merits of the case.

(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 2 of 2 Downloaded on : Tue Feb 02 21:02:54 IST 2021

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