Gujarat High Court
Bhushan vs State on 8 July, 2011
Author: V. M. Sahai
Bench: V. M. Sahai
Gujarat High Court Case Information System
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SCA/27837/2007 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 27837 of 2007
With
SPECIAL
CIVIL APPLICATION No. 27838 of 2007
To
SPECIAL
CIVIL APPLICATION No. 27839 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2
To
be referred to the Reporter or not ?
NO
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, 1950 or any order
made thereunder ?
NO
5
Whether
it is to be circulated to the civil judge ?
NO
BHUSHAN
ASHOKBHAI BHATT - Petitioner(s)
Versus
STATE
OF GUJARAT THRO' SECRETARY & 4 - Respondent(s)
=================================================
Appearance
:
MR
YF MEHTA for Petitioner(s) : 1,
Ms Jirga Jhaveri, Asstt.GOVERNMENT
PLEADER for Respondent(s) : 1,
RULE SERVED for Respondent(s) : 1 -
5.
MR SATYAM Y CHHAYA for Respondent(s) : 2,
MR P C Kavina,
senior counsel with Mr BIREN A VAISHNAV for Respondent(s) : 3,4,
5,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date : 08/07/2011
ORAL
JUDGMENT (COMMON)
(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr Y F Mehta, learned counsel for the petitioners, Ms Jirga Jhaveri, learned Asstt.Government Pleader for respondent No.1, Mr Satyam Chhaya, learned counsel for respondent No.2, Mr P C Kavina, learned senior counsel appearing with Mr Biren Vaishnav for respondents No.3, 4 and 5.
2. It appears that when the Assembly Elections of the year 2007 was held, Model Code of Conduct was imposed by the Chief Election Commissioner and some complaint was made to the Chief Election Commissioner that the boards have been painted in saffron or green colour which gives an impression that a particular caste or party is being favoured by displaying of the boards and particular caste or party is identifiable and, therefore, these boards may be got removed so that communal harmony is maintained. The Chief Election Commissioner, by order dated 23.10.2007 directed that these saffron and green signage boards be replaced or recoloured by some other uniform colour throughout the municipal area. Accordingly the boards were repainted.
3. These petitions have been filed by the petitioner on the ground that the petitioners are Councillors and they have got these signage boards installed by spending their own allocated budget for doing public utility work and the colour neither disturb communal harmony nor it indicates that it belongs to a particular party.
4. These petitions which were entertained by the learned Single Judge by his order dated 21.7.2009 framed two questions which according to the learned Single Judge arose in the petitions. However, we do not deem it necessary to go into the questions framed by the learned Single Judge in view of the fact that the directions given by the Chief Election Commissioner dated 23.10.2007 came to an end on 26.12.2007 when the Model Code of Conduct was imposed and the Elections were held and the results of the elections were declared prior to 26.12.2007 itself. Therefore, any direction given by the Chief Election Commissioner ceased to exist. Therefore, the questions framed by the learned Single Judge, in our opinion, remains academic. It is well settled that academic questions should not be decided by the Courts unless the case warrants decision of the academic questions and the cause of action still survives. Since the order of the Chief Election Commissioner itself has come to an end on 26.12.2007, these petitions have become infructuous. These petitions are dismissed as having become infructuous. Rule is discharged.
[V M SAHAI, J.] [G B SHAH, J.] msp Top