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1 - 10 of 13 (0.31 seconds)Ahmedabad Cotton Mfg. Co. Ltd. vs Union Of India And Anr. on 14 December, 1973
"31. On the question of maintainability of petition under
Article 226 of the Constitution of India, in our opinion, the
law is well settled. Mr Patel, invited our attention to the
decision reported in 1988 GLH 430. There the Division
Bench, after quoting the judgment of a Full Bench in the
case of Ahmedabad Cotton Mfg. Ltd. v. Union of India and
Ors. (18 GLR 714) where the principles have been clearly
enumerated and held that extraordinary jurisdiction of
the High Court under Articles 226 and 227 of the
Constitution of India is very wide, the Court should be
slow in exercising the said jurisdiction where alternative
efficacious remedy under the Act is available but
however, if the impugned order is an ultra vires order or
is nullity as being ex-facie without jurisdiction. the
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question of exhausting alternative remedy would hardly
arise.
Sabarkantha District Coop. Purchase & ... vs The State Of Gujarat on 27 June, 2019
31.1. In the case of Mehsana Dist. Coop. Sales and
Purchase Union v. State of Gujarat (1988 (2) GLR 1060),
after following the decision rendered by the Apex Court in
the case reported in the case of Gujarat University v. N U
Rajguru, (1988 (1) GLR 308), the Court have noted the
observations made by the Hon'ble Apex Court as under:-
Gujarat University vs N.U. Rajguru And Ors on 10 November, 1987
31.1. In the case of Mehsana Dist. Coop. Sales and
Purchase Union v. State of Gujarat (1988 (2) GLR 1060),
after following the decision rendered by the Apex Court in
the case reported in the case of Gujarat University v. N U
Rajguru, (1988 (1) GLR 308), the Court have noted the
observations made by the Hon'ble Apex Court as under:-
Manda Jaganath vs K.S.Rathnam & Ors on 16 April, 2004
In the case of Manda Jaganath v. K S Rathnam, reported
in AIR 2004 SC 3600, the Apex Court has held after
considering the provisions of Article 329(B) of the
Constitution of India that "there are special situations
wherein writ jurisdiction can be exercised but, special
situation means error having the effect of interfering in
the free flow of the scheduled election or hinder the
progress of the election which is the paramount
consideration."
Election Commission Of India Through ... vs Ashok Kumar & Ors on 30 August, 2000
In the case of Election Commission of India v. Ashok
Kumar, reported in 2000(8) SCC page 216, the Apex
Court held that the order issued by the Election
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Commission is open to judicial review on the ground of
malafide or arbitrary exercise of powers.
Shri Sant Sadguru Janardan Swami ... vs State Of Maharashtra And Ors. on 25 September, 2001
32. We have gone through the aforesaid decisions
closely. There cannot be any dispute with regard to the
principles laid down therein. The sum and substance of
those decisions apply to a situation where this Court
would like to entertain a petition on the foundation that
the order is ultra vires and/ or without jurisdiction and/or
is violating principles of natural justice. Thus, in an
exceptional case, this Court can exercise the power of
judicial review, which is a basic structure of the situation
in such cases more particularly, in the election process.
One thing is clear that this Court ordinarily would not like
to exercise its power under Article 226 of the Constitution
when the process of election has been set in motion even
though there may be some alleged illegality or breach of
rules while preparing the electoral roll.
32.1. The Supreme Court, in the case of Shri Sant
Sadguru Janardan Swamy (Moingiri Maharaj) Sahakari
Dugdha Utpadak Sanstha and Ors. v. State of
Maharashtra and Ors (2001) 8 SCC 509, while dealing
with the Maharashtra Cooperative Societies Act, held that
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in the process of election of the Managing Committee of a
specified society where the election process having been
set in motion, the High Court should not stay the
continuation of the election process even though there
may be some alleged illegality or breach of rules while
preparing the electoral roll. It was held that the proper
remedy is by way of election petition before the Election
Tribunal.
Bhesavahi Group Vividh Karyakari Seva ... vs State Of Gujarat And Others on 28 June, 2016
In view of the ratio as laid down in 2006 (1) GCD
211 once the election programme has been set in motion
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even though there may be some alleged illegality or
breach of rules while preparing the electoral roll, this
Court under Article 226 of the Constitution of India should
refrain itself from exercising its extraordinary jurisdiction.