THE HIGH COURT OF GUJARAT AT AHMEDABAD…
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C/SCA/5431/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5431 of 2021
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DAXABEN MITESHKUMAR NATHANI, MEMBER (COUNCILLOR), DEVGADHBARIYA NAGARPALIKA
Versus
SECRETARY, URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1 MS. JYOTI BHATT, AGP for the Respondent(s) No. 1 MR. C.B. UPADHYAY, for the Respondent no.7
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/03/2021
ORAL ORDER
1.Heard learned advocate Mr. N.K. Majmudar
for the petitioner, learned Assistant Government
Pleader Ms. Jyoti Bhatt for the respondent No.1-
State and learned advocate Mr. C.B. Upadhyay for
the newly added respondent no.7 through video
conference.
2.Learned advocate Mr. N.K. Majmudar seeks
permission to amend the petition by impleading
'Dr. Charmiben Neel Soni' as respondent no.7 in
the present petition.
3.Permission, as prayed for, is granted.
Learned advocate Mr. N.K. Majmudar tendered the
draft amendment, the same is taken on record and
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C/SCA/5431/2021 ORDER
the same is allowed. The same is directed to be
carried-out forthwith.
4.Today, learned advocate Mr. C.B.
Upadhyay also appeared and submitted that he has
instructions to represent the newly added
respondent no.7 - Dr. Charmiben Neel Soni. He
further submitted that the elections are over and
the respondent no.7 has been elected uncontested
and submitted that in view of the aforesaid, the
present petition has become infructuous.
5.Learned advocate Mr. N.K. Majmudar has
confirmed the aforesaid position, but learned
advocate Mr. Majmudar submitted that, though the
present petition has become infructuous, in the
event, if the present petitioner succeeds in
Special Civil Application No. 1373 of 2021 filed
by the present petitioner against her
disqualification, in that case, the disposal of
this petition, may not come in his way and
therefore, liberty may be reserved in favour of
the present petitioner to initiate appropriate
proceedings, in case if the present petitioner
succeeds in Special Civil Application No. 1373 of
2021. The aforesaid request is not opposed by the
learned advocate Mr. C.B. Upadhyay.
6.Hence, present petition is disposed of,
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C/SCA/5431/2021 ORDER
as having become infructuous with a liberty in
favour of the petitioner to initiate the
appropriate proceedings before the appropriate
forum / authority, in case if the petitioner
succeeds in Special Civil Application No. 1373 of
2021. The petition stands disposed of, as having
become infructuous. No order as to costs.
(NIRZAR S. DESAI,J)
Pradhyuman
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DAXABEN MITESHKUMAR NATHANI
SECRETARY, URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT
DR CHARMBIBEN NEEL SONI
NIRZAR S DESAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court