Vipulkumar Ambala Chaudhary vs State Of Gujarat
2023 Latest Caselaw 8844 Guj

Gujarat High Court

Vipulkumar Ambala Chaudhary vs State Of Gujarat on 28 December, 2023

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     C/SCA/21818/2023                              ORDER DATED: 28/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 21818 of 2023

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                        VIPULKUMAR AMBALA CHAUDHARY
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR KARTIK V PANDYA(2435) for the Petitioner(s) No. 1,2,3,4,5
MR. R.D.KINARIWALA(6146) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3,4,5
MS HETAL PATEL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 28/12/2023

                                ORAL ORDER

1. Learned AGP has produced communication dated 14.12.2023 and communication dated 22.12.2023. They are taken on record.

2. By way of this petition, the petitioner has prayed for following reliefs in para 14

"(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order by directing the respondent no.5 to hold the election in accordance with the bylaws produced at Annexure A to this petition and direct the respondent nos.2 and 3 to see that the election is hold as per the accord given by them to the bylaws of the association.

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         (C)     Pending admission, hearing and final disposal of present

petition, Your Lordships may be pleased to stay the further process of election of the respondent no.5 - Association.

(D) Be pleased to grant any other relief/s as may deem fit proper, in the interest of justice."

3. Facts which are necessary to decide the petition are as under :-

3.1. The employee of Gujarat State Account Service (Non Gazetted) Association has registered their association on 09.11.1962 under the general resolution of General Administrative Department. As per bylaws, new year shall begin from 1st January and end on 31st December. The terms of office bearers will be of 2 years. The said bylaws was amended and accordingly, instead of 1 st January, new year shall began from 1st April and end on 31st March. Now since the election of year 2024-25 was to be held, the petitioners have written letter on 13.12.2023 to the Election Officer and accordingly, name of Vipulkumar Ambalal Chaudhary was conveyed as their Convener.

Inspite of this letter, the Election Officer has published a list in which in place of name of convener suggested by the present petitioners, the name of one Gauravbhai Vadhel was referred. Therefore, on 20.12.2023 the letter was written by objecting that there was no proposal sent to the Election Officer appointing Gauravbhai Vadhel as their convener. On the contrary, name of Vipulkumar Ambalal Chaudhary was referred as Convener. Difficulties in appointing Shri Gauravbhai Vadhel was also referred in the letter dated 20.12.2023. Not only that, again on 21.12.2023, same type of letter was written to the Election Officer. As on today, there is no response with reference

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to those two letters and without taking into consideration, Election Officer is keen to proceed with the election. Hence, this petition is preferred.

4. Referring to Annexure- C, learned advocate for the petitioner submits that name of Vipul Ambalal Chaudhary was unanimously resolved to send his name as Convener in Gujarat State Accounts Service (Non Gazetted Association). Name was approved by the Local Election Officer Mr. Haresh Patel and forwarded the same to the main Election Officer, Gandhinagar. He would submit that later on, main Election Officer Mr.N.A.Vora instead of selecting Mr. Vipul Chaudhary acted highhandedly and selected Mr. Gauravbhai Vadhel as Convener. Pressing into service Annexure-D, learned advocate for the petitioner submits that main Election Officer Mr.N.A.Vora has acted against the rule and bylaws produced at Annexure A and would submit that in this circumstances, it is apprehended by the petitioner that no fair and impartial election would be conducted. He would submit that Mr.N.A.Vora has no whatsoever right to chose other person than the person who is resolved to be convener. Above submission are made to allow this petition or to issue notice to other side.

5. On the other hand, learned AGP Ms. Patel having placed on record communication dated 14.12.2023 and 22.12.2023 would submit that after earlier communication (Annexure C), another communication was made by the Local Election Officer dated 14.12.2023 indicating that name of Shri Gaurav Vadhel has been nominated for the post of Convener and Shri Gaurav Vadhel was unanimously selected. Present petitioner has also signed that resolution. She would submit that in view of communication dated 14.12.2023, Shri Gaurav Vadhel has been selected as Convener. This

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aspect has been suppressed by the petitioner in the petition to get favourable relief. She would submit that the petitioner has suppressed material fact and on this count only, the petition is required to be dismissed. She would submit that this is sponsored litigation. Mr. Haresh Patel has been issued show cause notice by the main Election Officer whereby, explanation has been sought as he has levelled unnecessary allegations against main Election Officer. Taking averments from the communication dated 22.12.2023, she would submit that present petition is sponsored by Mr. Haresh Patel, Local Election Officer. Thus, she submits to dismiss the petition.

6. Having heard learned advocates for the parties, at the outset, it appears that unanimously name of Mr. Vipul Chaudhary has been resolved to be Convener. Mr. Haresh Patel, Local Election Officer has forwarded the same to main Election Officer vide communication dated 13.12.2023. Of late, another communication dated 14.12.2023 to the main Election Officer, Mr.Haresh Patel, Local Election Officer informed that it is resolved to forward name of Mr. Gaurav Vadhel to be convener. This communication has been acted upon and name of Mr. Gaurav Vadhel has been declared as Convener pursuant to communication dated 14.12.2023. Learned advocate for the petitioner is not in position to deny this aspect or communication dated 14.12.2023. It is clear case that subsequent to the name of Mr. Vipul Chaudhary, name of Shri Gaurav Vadhel has been forwarded as earlier communication has been cancelled and Mr. Gaurav Vadhel has been declared as Convener for the election. This aspect has been suppressed by the petitioner to get discretionary relief from the Court. Such approach is condemnable and is condemned accordingly. Communication dated 14.12.2023 show that all the concerned persons including present petitioner has unanimously resolved to

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forward name of Mr. Gaurav Vadhel. As noted earlier, this aspect has been suppressed to get relief.

7. What further appears that Mr. Haresh Patel who is Local Election Officer has written letter dated 20.12.2023 and 21.12.2023 in tempted language to the main Election Officer (Annexure E and F) and threaten him for taking action against main Election Officer. Pursuant to such letter, main Election Officer sought explanation from Mr.Haresh Patel as his conduct is in violation of Rule 3(c) of the Association Rules. Thus it is personal battle of Mr.Haresh Patel, local Election Officer against main Election Officer and instead of forwarding explanation as sought by main Election Officer dated 22.12.2023, he has sponsored Mr.Vipul Chaudhary to raise petition and further raise dispute that election would not conducted in fair and impartial manner without mentioning that which Rule of Association is breached or supposed to be breached. This is complete sponsored litigation, whereby Mr.Haresh Patel wants to settle personal score. This impression prima facie is coming. Mr. Vipul Chaudhary has become hand of Mr.Haresh Patel, who is local Election Officer. This is frivolous litigation and lacks merit. There is not reason to entertain such kind of sponsored litigation.

8. Criticizing the approach of suppressing material fact and to file distorted writ petition, this Court in the case of Vijay Gadhvi v/s. State of Gujarat reported in 1988(2) GLR 902, in para 6 and 7 has held as under :-

"6. The aforesaid answers given by the learned Counsel for the petitioner clearly indicates that the petitioner as well as the learned Counsel for the petitioner both very well knew that the

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appointment of the petitioner was on purely ad hoc and on a temporary post. Moreover they also know that the services of the petitioner were continued as he was appointed on leave vacancies from time to time. Despite this knowledge these facts have not been stated in the petition deliberately. This is the only inference possible from the reply given by the learned counsel for the petitioner. Once there is deliberate intentional suppression of facts from the Court a petition under Art. 226 of the Constitution of India is liable to be rejected on this short ground alone. In the instant case it is not a case of accidental and or inadvertent omission of mentioning of certain facts. The nature of appointment and continuation of service on leave vacancy posts are facts which are very material and suppression of the same when found to be intentional and deliberate cannot be ignored lightly. To indulge in such suppression of facts is not a matter of super-special drafting skill. Such drafting is no advocacy. It is to say the least jugglery which has no place in the art of advocacy. The very basis of writ jurisdiction rests on disclosure of true and complete facts before the Court. If the facts are suppressed and or distorted the writ jurisdiction cannot be exercised at all by the High Court. The very functioning of the High Court for exercise of writ jurisdiction would become impossible.

7. The answers given by the learned Counsel for the petitioner leads to only one and one inference that the petitioner as well as the learned Counsel for the petitioner knew that the appointment of the petitioner was on purely ad hoc and temporary basis but deliberately these facts are not mentioned in the petition. Now it is sought to be explained away by saying

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that there is no positive assertion that his appointment was on permanent basis. But it is a matter of elementary understanding that had there been any such positive averment it would have been a case of suggestio falsi or positive falsehood. Positive falsehood and/or falsehood by suppression both stand on same footing. In the instant case the falsehood is by suppression of facts. A person who comes before the High Court with unclean hands and snatches the order of interim relief on the basis of deliberate suppression of material facts is not entitled to be heard at all. In fact the petitioner is liable to be dealt with for contempt of Court for misusing and/or abusing the process of Court. However having regard to the crumbling standards of professional ethics and all pervading laxity for maintenance of standards of discipline (which is probably justified in the name of pragmatism an euphemism for populist stance). I do not purpose to initiate action for the contempt of Court. But if I do not reject the petition on the ground of material suppression of facts I would be failing in my duty.

9. As held earlier, it is sponsored litigation and distorted petition with complete and clear suppression of material facts which is attracting to quantify cost. Useful reference can be taken from para 13 and 14 of the judgment of Hon'ble Apex Court in the case of Dnyandeo Sabaji Naik And Anr vs Pradnya Prakash Khadekar [2017 (5) SCC 496] which reads as under :-.

"13. This Court must view with disfavour any attempt by a litigant to abuse the process. The sanctity of the judicial process will be seriously eroded if such attempts are not dealt with firmly. A litigant who takes liberties with the truth or with

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the procedures of the Court should be left in no doubt about the consequences to follow. Others should not venture along the same path in the hope or on a misplaced expectation of judicial leniency. Exemplary costs are inevitable, and even necessary, in order to ensure that in litigation, as in the law which is practised in our country, there is no premium on the truth.

14. Courts across the legal system - this Court not being an exception - are choked with litigation. Frivolous and groundless filings constitute a serious menace to the administration of justice. They consume time and clog the infrastructure. Productive resources which should be deployed in the handling of genuine causes are dissipated in attending to cases filed only to benefit from delay, by prolonging dead issues and pursuing worthless causes. No litigant can have a vested interest in delay. Unfortunately, as the present case exemplifies, the process of dispensing justice is misused by the unscrupulous to the detriment of the legitimate. The present case is an illustration of how a simple issue has occupied the time of the courts and how successive applications have been filed to prolong the inevitable. The person in whose favour the balance of justice lies has in the process been left in the lurch by repeated attempts to revive a stale issue. This tendency can be curbed only if courts across the system adopt an institutional approach which penalizes such behavior. Liberal access to justice does not mean access to chaos and indiscipline. A strong message must be conveyed that courts of justice will not be allowed to be disrupted by litigative strategies designed to profit from the delays of the law. Unless remedial action is taken by all courts here and now our society will breed a legal

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culture based on evasion instead of abidance. It is the duty of every court to firmly deal with such situations. The imposition of exemplary costs is a necessary instrument which has to be deployed to weed out, as well as to prevent the filing of frivolous cases. It is only then that the courts can set apart time to resolve genuine causes and answer the concerns of those who are in need of justice. Imposition of real time costs is also necessary to ensure that access to courts is available to citizens with genuine grievances. Otherwise, the doors would be shut to legitimate causes simply by the weight of undeserving cases which flood the system. Such a situation cannot be allowed to come to pass. Hence it is not merely a matter of discretion but a duty and obligation cast upon all courts to ensure that the legal system is not exploited by those who use the forms of the law to defeat or delay justice. We commend all courts to deal with frivolous filings in the same manner."

10. For the foregoing reasons, the petition is dismissed at admission stage with quantifying cost of Rs.5000/-. The petitioner shall deposit Rs.5000/- with Gujarat High Court Advocate Library within 7 days and shall place on record receipt thereof.

(J. C. DOSHI,J) SATISH