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SCA/5124/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5124 of 2009
======================================
MUKESHBHAI
JAYANTILAL SHAH & ANR
Versus
STATE
OF GUJARAT & ORS
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Appearance :
MR
PS CHAMPANERI for Petitioners
MR RASHESH RINDANI, AGP for
Respondent No.1
RULE SERVED for Respondent Nos. 2- 4, 7 - 8.
MR
DN PANDYA for Respondent Nos. 5 -
6.
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 13/04/2010
ORAL
ORDER
1 The
petitioners have filed this petition under Article 226 of the
Constitution of India praying for quashing and setting aside the
impugned proceedings of Petition No. 37 of 2009 as well as the
Notice dated 15th of May, 2009, issued by the Secretary
to the Government of Gujarat Respondent No.7.
2 This
Court has issued Notice on 29.06.2009 and ad interim relief was
granted in terms of Para 8(D) whereby the proceedings of Petition
No.37 of 2009 filed under Rule-6 of the Gujarat Provisions for
Disqualification of Members of Local Authorities for Defection
Rules, 1987 pending before the respondent No.7 authority against the
petitioners were stayed. The petition was thereafter Admitted by
this Court on 29.06.2009 and the ad interim relief granted earlier
was continued till the final hearing of the petition.
3 Heard
Mr. P.S. Champaneri, learned Advocate, appearing for the petitioners,
Mr. Rashesh Rindani, learned AGP, appearing for the respondents –
authorities and Mr. D.N.Pandya, learned Advocate appearing for the
respondent No. 5 and 6. Other respondents were served and no
appearance is filed. It is stated at the Bar that only four months
are left to hold the election of Dabhoi Nagarpalika.
4 Since
the petition is at the notice stage, normally, this Court does not
interfere at the notice stage. However, since the petition is
admitted and the interim relief is granted, the Court is of the view
that, the interest of justice be better served if the respondent
No.7 is directed to decide the Petition No.37 of 2009 pending before
him in accordance with law and to pass appropriate orders after
affording opportunity of being heard to the parties, and if any
adverse order is passed against the petitioners, the same shall
not be implemented for the period of two weeks from the date of
communication of such order to the petitioners.
5 Considering
the above aspect of the matter, without expressing any opinion on the
subject mater of this petition and keeping all the rights and
contentions of the parties open, the present petition is disposed
of with a direction to the respondent No.7 to decide the petition
No. 37 of 2009 pending before him, after issuance of notice to the
petitioners as well as other affected persons and after hearing
them, to pass appropriate order in accordance with law. It is
further directed that, if any adverse order is passed against the
petitioners, the same shall not be implemented for a period of two
weeks from the date of communication of such order.
6 With
these directions and observations, this petition is accordingly
disposed of. Rule is discharged without any order as to costs.
Interim relief granted earlier stands vacated.
(K.
A. PUJ, J.)
pnnair
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