Supreme Court - Daily Orders
Jagdish Bulchandbhai Mohnani vs Tamanna H. Jhalodia Or Her Successor In ... on 26 April, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
1
ITEM NO.8 COURT NO.6 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8045/2021
(Arising out of impugned final judgment and order dated 08-03-2021
in SCA No. 4193/2021 passed by the High Court Of Gujarat At
Ahmedabad)
JAGDISH BULCHANDBHAI MOHNANI Petitioner(s)
VERSUS
TAMANNA H. JHALODIA OR
HER SUCCESSOR IN OFFICE & ORS. Respondent(s)
(FOR ADMISSION and I.R. )
Date : 26-04-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. S.B Upadhyay, Sr. Adv.
Mr. Yogesh Rawani, Adv.
Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap Singh, Adv.
Mr. Anirudh Singh, Adv.
Mr. Himansu Rao, Adv.
Mr. Nishant Kumar, Adv.
Ms. Sharmila Upadhyay, Adv.
Ms. Anisha Upadhyay, Adv.
M/S. Unuc Legal Llp, AOR
For Respondent(s) Mr. Maninder Singh, Sr. Adv.
Ms. Jesal Wahi, AOR
Mr. Prabhas Bajaj, Adv.
Mr. Pranav Saigal, Adv.
Ms. Ashita Chawla, Adv.
Mr. Ajay Sabharwal, Adv.
Mr. Karanbir Kharbanda, Adv.
R-1 Ms. Aishwarya Gupta, Adv.
Signature Not Verified
Ms. Deepanwita Priyanka, AOR
Digitally signed by
Charanjeet kaur
Date: 2022.04.27
R-4
13:43:57 IST
Reason: Ms. Archana Pathak Dave, AOR
Ms. Vanya Gupta, Adv.
Ms. Sakeena Quidwai, Adv.
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R-3 Ms. Aastha Mehta, Adv.
Mr. Satyam Chhaya, Adv.
Ms. Prerna Mohapatra, Adv.
Ms. Deepanwita Priyanka, AOR
UPON hearing the counsel the Court made the following
O R D E R
On hearing learned counsel for parties, it is agreed that the appropriate course of action to quell all doubts in the election process would to be have a recount of the votes under the supervision of the State Election Commissioner of the State of Gujarat.
Needless to say the representatives of both the candidates should be present and in case respondent No.4 once again emerges as the person with the highest votes, no remedial action would be required but in case the petitioner is held to have more votes, the rectification certificate will be issued.
We make it clear that we have not examined the legal principles laid down in the impugned judgment, more so, in view of the submission of the learned counsel for the Election Commission that in para 35 of the impugned judgment note was taken of the dual requirement of issuance of a certificate under Rule 68 followed by publication of the result in the official gazette as per Rule 69, the latter not having been completed before which the rectification took place of stated arithmetical mistake.
The Special Leave Petition stands disposed of. Necessary exercise be carried out within two 3 weeks from today.
Pending application, if any, stands disposed of.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)