Rajeshkumar Amrutlal Hadiyal vs State Election Commission
2021 Latest Caselaw 1997 Guj

       C/SCA/16512/2020                                 ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 16512 of 2020
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=
               RAJESHKUMAR AMRUTLAL HADIYAL
                           Versus
                 STATE ELECTION COMMISSION
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Appearance:
UMARFARUK M KHARADI(8155) for the Petitioner(s) No. 1
MS ROOPAL R PATEL(1360) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MR. JUSTICE ILESH J. VORA

                          Date : 10/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ application under Article 26 of the Constitution of India, the writ applicant has prayed for the following reliefs:

"(A) Your Lordships may be pleased to admit and allow this Special Civil Application."

(B) Your Lordships may be pleased to issue appropriate writ order or direction and thereby be pleased to quash and set aside the impugned Notification as invalid and unconstitutional.

(C) Your Lordships may be pleased to direct the respondents to rotate the reserved seat for Scheduled Caste from women reservation to reserved seat for Schedule Caste without women reservation in Ward No.1 and seat reserved for Scheduled Tribes may be rotated and reserved for women contestant in Ward No.1 of the Godhara Municipality and similarly BE Pleased to direct the respondents to rotate the reservation of reserved seat for Scheduled Caste in favour of women contestant in Ward No.11 of Godhara Municipality.

          (D)       Your Lordships may be pleased to direct





          C/SCA/16512/2020                                              ORDER

the respondents herein to rotate all the reserved seats amongst different wards as per the statute.

(D) Pending admission, hearing and final disposal of this Special Civil Application, Your Lordships may be pleased to stay the impugned Notification dated 09.09.2020 (Annexure­A) issued by respondent No.1 herein."

2. We have heard Mr. Umarfaruk Kharadi, the learned counsel appearing for the writ applicant and Ms. Roopal R. Patel, the learned counsel appearing for the Gujarat State Election Commission.

3. For the reasons assigned in the judgment pronounced today in the Special Civil Application No.1429/2021 and allied petitions, this writ application should also fail and is hereby rejected.

(J. B. PARDIWALA, J)

(ILESH J. VORA,J)

SUCHIT