Gujarat High Court
Birjubhai Farsubhai Patel vs Collector And District Election ... on 9 June, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/SCA/7576/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7576 of 2025
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BIRJUBHAI FARSUBHAI PATEL
Versus
COLLECTOR AND DISTRICT ELECTION OFFICER & ORS.
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Appearance:
MR NAMAN K BRAHMBHATT(11307) for the Petitioner(s) No. 1
MR AAKASH GUPTA, AGP for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 09/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present writ petition has been filed seeking the
following reliefs : -
"(a) To admit and allow the petition;
(b) To issue a writ of mandamus or writ in the nature of mandamus
or any other appropriate writ, order or direction quashing and
setting aside the notification dated 02/06/2025 qua declaration of
bye-election of the elected ward no.5 of the petitioner herein who
had thereafter been elected for the post of up-sarpanch of Dharmaj
gram panchayat annexed at annexure-A;
(c) During pendency of the present petition to be pleased to stay
implementation, operation and execution of the notification dated
02/06/2025 qua declaration of bye-election of the elected ward no.5
of the petitioner herein who had thereafter been elected for the post
of up-sarpanch of Dharmaj gram panchayat annexed at annexure-A;
(d) To grant ex-parte ad-interim relief in terms of para (c)
hereinabove"
2. At the outset, learned advocate Mr.Naman K.
Brahmbhatt, appearing for the petitioner has pointed out the
order passed by the learned Single Judge dated 19.07.2024 in
NEUTRAL CITATION
C/SCA/7576/2025 ORDER DATED: 09/06/2025
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Special Civil Application No.10573 of 2024. He has submitted
that the present writ petitioner was elected as Deputy
Sarpanch and was removed from his post by the respondent-
State authority by exercising the powers conferred under sub-
section (1) of Section 57 of the Gujarat Panchayats Act, 1993.
It is submitted that the aforesaid action of the removal is
subject matter of challenge in the aforementioned writ
petition. It is submitted that the petitioner has also filed a civil
application in the said matter after the respondent -
authorities have, vide a Notification dated 02.06.2025,
declared the bye-election of Ward No.5 of the petitioner. It is
submitted that the election of Deputy Sarpanch would get
nullify, in case, the elections are held in Ward No.5. He has
also referred to the judgment of the Division Bench of this
Court in the case of Mahendrabhai Chanabhai Kandoliya Vs.
Vakatar Bhagvanbhai Devabhai, [2012 (1) GLR 287]. He has
submitted that the learned Single Judge in the captioned writ
petition has already stayed the election of the Deputy
Sarpanch. It is submitted that by this writ petition, he has
challenged the Notification dated 02.06.2025. It is urged that
the aforesaid bye-election may be made subject to the result
of the aforementioned writ petition.
3. Per contra, learned Assistant Government Pleader has
submitted that such a prayer can always be made before the
learned Single Judge before whom the writ petition is pending.
4. Under the circumstances and in light of the aforesaid
statement and since the petitioner has already assailed his
removal by filing a writ petition being Special Civil Application
NEUTRAL CITATION
C/SCA/7576/2025 ORDER DATED: 09/06/2025
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No.10573 of 2024 as a Deputy Sarpanch, and the learned
Single Judge, vide order dated 19.07.2024 has already stayed
the election of Deputy Sarpanch, we are of the opinion that the
present petitioner can always invite the attention of the
learned Single Judge to the subsequent proceedings
undertaken by the respondent authorities by declaring the
bye-election of the Ward No.5. It goes without saying that the
petitioner can always point out the judgment of the Division
Bench of this Court in the case of Mahendrabhai Chanabhai
Kandoliya (supra), before the learned Single Judge.
5. With these observations, the present writ petition stands
disposed of.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(R. T. VACHHANI, J)
MAHESH/S-02
