Gujarat High Court Case Information System
Print
SCA/8660/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8660 of 2010
=========================================================
PATEL
MANGALBHAI VITTHALDAS & 6 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 12 - Respondent(s)
=========================================================
Appearance
:
MR
VC VAGHELA for
Petitioner(s) : 1 - 7.
MR NIKHILESH J SHAH ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1 - 2.
RULE SERVED for Respondent(s) :
3 - 4, 6,8 - 9, 11, 13,
MR BS PATEL for MR CHIRAG B PATEL for
Respondent(s) : 5,
RULE UNSERVED for Respondent(s) : 7,
SERVED
BY AFFIX.-(R) for Respondent(s) : 10,
12,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1.0
Mr. V.C. Vaghela, learned Advocate appearing for the petitioner, Mr.
N.J. Shah, learned Assistant Government Pleader appearing for
respondents No.1 and 2 and Mr. B.S. Patel, learned Advocate appearing
for the respondents No.9 to 13 are present. Mr. H.G. Kanabar,
Co-operative Officer and District Registrar, Cooperative Society at
Ahmedabad (Rural) is also present.
2.0 The
sealed box brought by the officers containing ballot papers was
opened under our instructions so that we may take a look into those
ballot papers.
3.0 With
the consent of parties we have examined 15 ballot papers and the
parties agreed that there are 12 valid ballot papers and three are
invalid ballot papers. We find that out of 15 ballot papers, 3
ballot papers are likely to be rejected and 12 valid ballot papers
were wrongly rejected by the Election Officer. We, therefore, order
to keep these 12 ballot papers in a separate sealed cover for
counting the same by the Election Officer to arrive at total number
of votes secured by each candidate. The aforesaid three invalid
ballot papers shall be kept in a separate sealed cover.
4.0 The
Election officer shall count the votes after calling upon all the
candidates or their representatives within a period of 10 days from
today and the final result shall be filed by the Election Officer
along with affidavit on or before 24.11.2011. List this mater on
25.11.2011.
5.0 Learned
Advocates for the parties state that the parties shall abide by the
result declared by the Election Officer.
6.0 The
box which contained the ballot papers which was opened as per the
Court’s direction is handed over to the officers who brought it
sealed in presence of Mr. Nikhilesh Shah, learned Assistant
Government Pleader.
(V.M.
SAHAI, J.)
(K.S.
JHAVERI J.)
niru*
Top