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1 - 2 of 2 (0.19 seconds)Handla Seva Sahakari Mandali Ltd & 4 vs State Of Gujarat & 4 on 9 April, 2014
7.2 The decision of Division Bench of this Court in Vibhapar
Seva Sahakari Mandali Ltd. (supra) has settled the issue
of the extent of powers of the authorized officer functioning
and acting under Rule 8 of the Rules, the Special Leave
Petition preferred therefrom is stated to have been dismissed
by the Apex Court, and we are in respectful agreement with
the same. On being urged by learned counsel for the
respondents, we have again considered the scheme of rules
and the nature of powers under Rule 8 and we see no reason
to take a different view. The authorized officer is not supposed
to delve into the merits of the nominations and cannot base
his decision under Rule 8 on such considerations as are not
germane to preparation of proper list of voters and expand
the scope of inquiry as is done in the impugned order.
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