Gujarat High Court
Vasanji Bhai Babjibhai Kunwar vs Yashodaben Ganeshbhai Ravat on 17 December, 2019
Equivalent citations: AIRONLINE 2019 GUJ 623
Author: Vikram Nath
Bench: Vikram Nath, A.J. Shastri
C/LPA/1869/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1869 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 21063 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 1869 of 2019
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VASANJI BHAI BABJIBHAI KUNWAR
Versus
YASHODABEN GANESHBHAI RAVAT
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Appearance:
MR HIREN M MODI(3732) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MR ANSHIN DESAI SENIOR ADVOCATE WITH MS VIDITA D JAYSWAL
(6730) for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 17/12/2019
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH) 1 Heard Shri H.M.Modi, learned counsel for the appellant and Shri Anshin Desai, learned Senior Advocate assisted by Ms. Vidita Jayswal, learned counsel for the respondent No.1.
2 The present Letters Patent Appeal has been preferred against the interim order passed by the learned Single Judge dated 04.12.2019 in Special Civil Application No.21063 of 2019, whereby the learned Single Judge granted ad Page 1 of 3 Downloaded on : Tue Dec 17 22:54:29 IST 2019 C/LPA/1869/2019 ORDER interim relief in terms of para 9C of the petition. Para 9C of the petition is reproduced below:
"7C. Pending, admission and final disposal of this petition YOUR LORDSHIPS be pleased to stay the impugned order dated 14.11.2019 passed by the Ld. Designated Officer, Gujarat State in Dispute Application No.01 of 2019 and further be pleased to permit and allow the petitioner to hold the office of the Subir Taluka Panchayat in the capacity of the President".
3 The effect of the interim order is that the order dated 14.11.2019 passed by the learned Designated Officer, Gujarat State under the provisions of the Gujarat Disqualification of Members of Local Authorities for Defection Rules, 1986, disqualifying the writ petitioner (respondent No.1 herein), has since been stayed and as such the writ petitioner would continue in office.
4 We have perused the order passed by learned Single Judge. The reasons given by the learned Single Judge for granting interim relief are found to be sound and just and as such we are not inclined to entertain this Letters Patent Appeal. However, considering the nature of Page 2 of 3 Downloaded on : Tue Dec 17 22:54:29 IST 2019 C/LPA/1869/2019 ORDER controversy involved and also the fact that the term of elected members is for a fixed period, we request the learned Single Judge to make an endeavour to decide the Special Civil Application as expeditiously as possible and preferably within a period of 3 months considering the other matters on Board.
5 The impugned order indicates that 23.12.2019 is already the date fixed. Learned counsel for the parties have submitted that they would not seek any undue or unnecessary long adjournment and cooperate with hearing of Special Civil Application No.21063 of 2019.
Accordingly, this Letters Patent Appeal and Civil Application No.1 of 2019 stand disposed of.
(VIKRAM NATH, CJ) (A.J. SHASTRI, J) P. SUBRAHMANYAM Page 3 of 3 Downloaded on : Tue Dec 17 22:54:29 IST 2019