Banaskantha District Primary vs Director Of Primary Education on 8 March, 2018

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Gujarat High Court

Banaskantha District Primary vs Director Of Primary Education on 8 March, 2018

Bench: Bela M. Trivedi

         C/SCA/2681/2018                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 2681 of 2018

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                   BANASKANTHA DISTRICT PRIMARY
                               Versus
                   DIRECTOR OF PRIMARY EDUCATION
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Appearance:
MR MEHUL H RATHOD for the PETITIONER(s) No. 1
DS AFF.NOT FILED (R) for the RESPONDENT(s) No. 2,3,4
MR. TIRTHRAJ PANDYA, AGP, for the RESPONDENT(s) No. 1
NOTICE UNSERVED for the RESPONDENT(s) No. 6
UNSERVED REFUSED (N) for the RESPONDENT(s) No. 5,7,8
MR ASIT B JOSHI for the RESPONDENT(s) No. 4
MR CP CHAMPANERI for the RESPONDENT(s) No. 5,6,7,8
MR DIPEN DESAI for the RESPONDENT(s) No. 5,6,7,8
MR HS MUNSHAW for the RESPONDENT(s) No. 2
MR KB PUJARA for the RESPONDENT(s) No. 3
MR MAHENDRA U VORA for the RESPONDENT(s) No. 5
NOTICE NOT RECD BACK for the RESPONDENT(s) No. 1,3
NOTICE SERVED BY DS for the RESPONDENT(s) No. 3
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 CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI

                             Date : 08/03/2018

                              ORAL ORDER

1. Heard learned advocates for the parties.

2. The Rule has already been issued earlier on 16.02.2018. Having regard to the order passed by the Division Bench dated 01.03.2018 in Letters Patent Appeal No. 219 of 2018, the Court today directed to open the sealed cover kept in the custody of Nazir as per the order dated 16.02.2018.

Page 1 of 4 C/SCA/2681/2018 ORDER

3. After opening the said sealed cover which was kept with the Nazir, it is found that out of 500 voters, 494 voters had voted, and excluding 23 disputed votes, 471 votes were taken into consideration for the purpose of counting. So far as the post of President is concerned, out of the said 471 voters, 214 voters had voted in favour of Shri Patel Girishbhai Nathabhai and 254 voters had voted in favour of Shri Jadeja Digvijaysinh Dilipsinh and 3 votes were invalid.

4. So far as post of Secretary is concerned, 225 voters had voted in favour of Gohel Narandrabhai G. and 245 had voted in favour of Patel Satishbhai M. and one vote was found invalid.

5. The 23 disputed votes, which were kept in the sealed condition with the Election Officer, were also directed to be opened and counted. The Election Officer Patel Sanjaykumar Ambalal, who is present in the Court, as identified by the learned advocate Mr. Asit Joshi, was directed to open the seal of 23 votes and to count the same. After opening the same, it is found as under :

(i) All the 23 disputed votes are in favour of Jadeja Digvijaysinh Dilipsinh, who is contesting for the post of President. There is no invalid vote found.

Page 2 of 4 C/SCA/2681/2018 ORDER

(ii) So far as the post of Secretary is concerned, out of 23 disputed votes, 22 are in favour of Patel Satishbhai M. and one vote is in favour of Gohel Narandrabhai G. There is no invalid vote found.

6. The net result is as follows :

(I) For the post of President : -

(1) Patel Girishbhai Nathabhai - 214 + 0 = 214 (2) Jadeja Digvijaysinh Dilipsinh - 254 + 23 = 277 (3) Invalid = 03 _____ Total 494 (II) For the post of Secretary :

     (1) Gohel Narandrabhai G. - 225 + 1                     = 226
     (2) Patel Satishbhai M.                   - 245 + 22 = 267
     (3) Invalid                                             =     1
                                                              _____
                                        Total                    494

7. The Election Officer may declare the result accordingly.

8. After hearing the learned advocates for the parties, it appears that the impugned order passed by the respondent No. 1 is prima facie in Page 3 of 4 C/SCA/2681/2018 ORDER utter violation of the principles of natural justice and without any authority of law. It is therefore directed that the implementation of the impugned order shall remain stayed till the pendency of the present petition. It is needless to say that the aforestated result of the election of office bearers of the Gujarat Rajya Prathmik Shikshak Sangh i.e. State Level Federation, shall be subject to outcome of the present petition.

(BELA M TRIVEDI,J) AMAR SINGH Page 4 of 4

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