Petitioner sought quashing of election results and declaration of winner via writ petition. Court held that alternative remedy via election petition exists and dismissed the writ petition without entertaining the merit.
Dismissal of the petition with direction that service is permitted; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/6474/2022 ORDER DATED: 04/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6474 of 2022
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BARIA BHARATBHAI MOHANBHAI
Versus
STATE OF GUJARAT
========================================================== Appearance:
MR. V M DAMORE(3787) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4
MS DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA and
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 04/04/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
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C/SCA/6474/2022 ORDER DATED: 04/04/2022
decided by the Hon'ble Court in the interest of justice.
d) Your Lordship may be pleased to direct the respondent no.3 to declare that the respondent no.4 is not eligible for the post of Sarpanch of kanthagar Gram Panchayat and declare the petitioner as winner for the post of Sarpanch of Kanthagar Gram Panchayat in the interest of justice.
e) Pending admission and final hearing of this petition Your Lordship may be pleased to stay implementation, execution and operation of result dated 21/12/2021 for the post of Sarpanch of Kanthagar Gram Panchayat declared by the respondent no.3 authority in the interest of justice.”
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C/SCA/6474/2022 ORDER DATED: 04/04/2022
with the same in accordance with law as this petition is not entertained only on the ground of availability of alternative remedy. Even otherwise, the same would require appreciation of evidence and hence, the petition is not entertained in exercise of jurisdiction under Article 226 of the Constitution of India.
(HEMANT M. PRACHCHHAK,J)
Maulik
Page 3 of 3
2 issues framed by the court
Whether the High Court should entertain this writ petition challenging election results given the availability of an alternative statutory remedy.
Whether the dissatisfaction regarding family details and election eligibility can be adjudicated through this jurisdiction.
2 provisions across 2 enactments
Baria Bharatbhai Mohanbhai
State of Gujarat
R.M.CHHAYA
Hemant M. Prachchhak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
