Gujarat High Court
Harunbhai Chandbhai Chorvada vs State Of Gujarat & 2 on 24 February, 2014
Author: M.R. Shah
Bench: M.R. Shah, R.P.Dholaria
C/SCA/2271/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2271 of 2014
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HARUNBHAI CHANDBHAI CHORVADA....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR VIJAY H NANGESH, ADVOCATE for the Petitioner(s) No. 1
MS NISHA THAKOR, AGP for the Respondent(s) No. 1
MR KIRIT R CHAUDHARY for the Respondent(s) No. 2
MR DIPEN DESAI for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 24/02/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondent authorities to accept the nomination form/paper of the petitioner.
2. An affidavit-in-reply is filed on behalf of respondent no. 2 pointing out that as such against the six posts six nominations came and no election was required to be held and, therefore, six candidates, who submitted nomination papers mentioned in the communication dated 05/02/2014, are declared uncontested. It is submitted that therefore as such the present petition has become infructuous and as such, if aggrieved, the petitioner is required to file election petition challenging the Page 1 of 2 C/SCA/2271/2014 ORDER election as uncontested.
3. Shri Vijay Nangesh, learned advocate appearing on behalf of the petitioner has stated that in the facts and circumstances of the case and glaring illegality committed by the concerned authority, even the petitioner can prefer a petition under Article 226 of the Constitution of India questioning the declaration of the election as uncontested instead of filing an election petition and, therefore, he seeks permission to withdraw the present petition with a liberty to challenge the entire election process as well as declaring the aforesaid six persons as uncontested. Without expressing any opinion at this stage with respect to entertainability and/or maintainability of such a petition under Article 226 of the Constitution of India and keeping the said question open, the present petition is dismissed as withdrawn with the above liberty. Notice is discharged.
(M.R.SHAH, J.) (R.P.DHOLARIA,J.) Siji Page 2 of 2