Gujarat High Court

SCA/3266/1988 of YOHANBHAI K. PARMAR Vs STATE OF GUJARAT on 20 July 1995

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Decision: 20th July 1995 SPECIAL CIVIL APPLICATION NO. 3266 of 1988 FOR APPROVAL AND SIGNATURE THE HONOURABLE MR. JUSTICE A.N. DIVECHA 1. Whether Reporters of Local Papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether their Lordships wish to see

���Date of Decision: 20th July 1995

SPECIAL CIVIL APPLICATION NO. 3266 of 1988

FOR APPROVAL AND SIGNATURE

THE HONOURABLE MR. JUSTICE A.N. DIVECHA

1. Whether Reporters of Local Papers may be allowed to see the judgment? No

2. To be referred to the Reporter or not? No

3. Whether their Lordships wish to see the fair copy of judgment? No

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder? No

5. Whether it is to be circulated to the Civil Judge? No Shri Prasant G. Desai, Advocate, for Shri G.M. Desai,Advocate, for the PetitionersShri V.B. Gharaniya, Asst. Government Pleader, for theRespondents.

CORAM: A.N. DIVECHA, J.(20th July 1995)

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ORAL JUDGMENT

The order passed by the Collector of Kheda (RespondentNo. 2 herein) on 8th June 1988 cancelling the notificationissued on 10th May 1988 for holding election of Ward No.16/1 of Karamsad Nagar Panchayat with respect to the reservedseat is under challenge in this petition under Art. 226 ofthe Constitution of India.

2. It is not necessary to set out in detail the factsgiving rise to this petition. It appears that, pursuant tothe notification issued on 10th May 1988, the election to thereserved seat of Ward No. 16/1 of Karamsad Nagar Panchayatwas to be held on 19th June 1988. The stages of electionprovided filing of nominations between 19th May and 21st May1988 and the last date for withdrawal of nominations was 30thMay 1988. It appears that only two nominations were filed.The other candidate appears to have withdrawn his nominationand thereupon the lone surviving candidate was declaredelected uncontested. Later on respondent No.2 issued onenotification on 8th June 1988 cancelling the earliernotification issued on 10th May 1988. A copy of the orderissued on 8th June 1988 cancelling the notification of 10thMay 1988 is at Annexure D to this petition. The petitionershave challenged the aforesaid order at Annexure D to thispetition.

3. The Assistant Government Pleader for the respondents hasstated at the Bar that the Nagar Panchayat of Karamsad hasbeen converted into a municipality and consequently the NagarPanchayat has stood dissolved. In that view of the matter,this petition can be said to have become infructuous. Itdeserves to be disposed of as such.

4. In the result, this petition fails on the ground of itshaving become infructuous. It is hereby rejected. Rule isaccordingly discharged with no order as to costs. Theinterim relief stands vacated.

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sca.3266.88/hn

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