Search Results Page

Search Results

1 - 5 of 5 (0.30 seconds)
Documents citing Bipinchandra Purshottamdas Patel And ... vs Sardar Patel University And Anr. on 20 April, 2006

Chandanji Talaji Thakor vs State Of Gujarat on 22 January, 2021

"It is well settled that where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved person should pursue his remedy before the forum provided by the statute. While considering an election dispute it must be kept in mind that the right to vote, contest or dispute election is neither a fundamental or common law right instead it is a statutory right regulated by the statutory provisions. It is not permissible to invoke the jurisdiction of the High Court under Art. 226 of the Constitution by-passing the machinery designated by the Act for determination of the election dispute. Ordinarily the remedy provided by the statute must be followed before the authority designated therein. But there may be cases where exceptional or extraordinary circumstances may exist to justify by-passing the alternative remedies." (Para 6) 5.3 Like Section 58 in the Gujarat University Act and Section 77 in the North Gujarat University Act, similar provision being Section 59 exists in the Page 11 of 19 Downloaded on : Sat Jan 23 00:21:09 IST 2021 C/LPA/101/2021 JUDGMENT Sardar Patel University Act. The Division Bench of this Court in Bipinchandra Purshottamdas Patel v. Sardar Patel University being Special Civil Application No.18564 of 2011 decided on 03rd February, 2012 followed the principles.
Gujarat High Court Cites 30 - Cited by 0 - N V Anjaria - Full Document

Chandanji Talaji Thakor vs State Of Gujarat on 22 January, 2021

"It is well settled that where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved person should pursue his remedy before the forum provided by the statute. While considering an election dispute it must be kept in mind that the right to vote, contest or dispute election is neither a fundamental or common law right instead it is a statutory right regulated by the statutory provisions. It is not permissible to invoke the jurisdiction of the High Court under Art. 226 of the Constitution by-passing the machinery designated by the Act for determination of the election dispute. Ordinarily the remedy provided by the statute must be followed before the authority designated therein. But there may be cases where exceptional or extraordinary circumstances may exist to justify by-passing the alternative remedies." (Para 6) 5.3 Like Section 58 in the Gujarat University Act and Section 77 in the North Gujarat University Act, similar provision being Section 59 exists in the Page 11 of 19 Downloaded on : Wed Jan 12 04:00:01 IST 2022 C/LPA/101/2021 JUDGMENT Sardar Patel University Act. The Division Bench of this Court in Bipinchandra Purshottamdas Patel v. Sardar Patel University being Special Civil Application No.18564 of 2011 decided on 03rd February, 2012 followed the principles.
Gujarat High Court Cites 30 - Cited by 0 - N V Anjaria - Full Document

Pratik Kanubhai Mistry vs Gujarat University on 26 February, 2020

In view of the above, the Court therefore considering the decisions of the Supreme Court and in cases of Bipinchandra Purushottandas Patel (supra) and Jasvantbhai Haribhai Thakkar (supra) deems it fit that this Court should not entertain a petition under Article 226 of the Constitution of India, particularly in view of the fact that the election is scheduled to be held on 08.03.2020. In view of the available remedy under Section 58 of the University Act, this petition is not entertained and is accordingly dismissed.
Gujarat High Court Cites 8 - Cited by 2 - B Vaishnav - Full Document
1