Bhagabhai Dhanabhai Barad vs Election Commission Of India Through ... on 12 March, 2019

[Cites 4, Cited by 1]

Gujarat High Court

Bhagabhai Dhanabhai Barad vs Election Commission Of India Through ... on 12 March, 2019

Bench: S.R.Brahmbhatt

         C/SCA/5204/2019                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 5204 of 2019

======================================
             BHAGABHAI DHANABHAI BARAD
                        Versus
  ELECTION COMMISSION OF INDIA THROUGH THE ELECTION
                   COMMISSIONER
======================================
Appearance:
MR HRIDAY BUCH(2372) for the Petitioner
MR. KAMAL TRIVEDI, ADVOCATE GENERAL WITH MR.P.K.JANI, ADDL. ADVOCATE
GENERAL, WITH MRS.MANISHA LAVKUMAR SHAH, GP for the Respondent Nos. 1, 2, 3
======================================

 CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
        and
        HONOURABLE MR.JUSTICE V. B. MAYANI

                              Date : 12/03/2019

                                ORAL ORDER

(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Draft amendment is granted.

Learned counsel for the petitioner has completed the submissions. He invited Court's attention to the following authorities in support of his submissions and submitted that the request for stalling the hearing is in fact not justified as he is prepared to proceed with the matter as if the conviction continues as the impugned order itself is without jurisdiction.

(1) In case of Lok Prahari Vs. Election Commission of India and Ors. reported in AIR 2018 SC 4675.





                                   Page 1 of 2
              C/SCA/5204/2019                                         ORDER




                 (2)       In case of Election Commission of India
                           Vs. Bajrang Bahadur Singh       and
                           others reported in (2015) 12 Supreme
                           Court Cases 570.

                 (3)       In case of Deepak Agro Foods Vs. State of
                           Rajasthan and Others      reported         in
                           (2008) 7 Supreme Court Cases 748.

                 (4)       In case of Dr. S. P. Kapoor Vs. State of
                           Himachal Pradesh and others          reported
                           in (1981) 4 Supreme Court Cases 716.

Therefore, in this view of the matter, the request of learned Advocate General for adjourning the matter shall not be acceded to as it was a clear understanding that nothing turns the said order so far as the challenge to impugned order dated 5th March 2019 is concerned at this stage.

Learned Government Pleader takes serious objection qua rider of at this stage in the submission. The Court is of the view that be that as it may. The matter is at large before the Court and it would be open for all the parties to putup their submissions. At the request of learned Government Pleader, the matter is kept on 13th March 2019. However, in case of difficulty on the part of the State, the request for adjournment of the matter shall be considered for a day more.

(S.R.BRAHMBHATT, J.) (V. B. MAYANI, J.) AMAR RATHOD...

Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court