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SCA/255719/1989 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2557 of 1989
For
Approval and Signature:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE MS.JUSTICE H.N.DEVANI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
SHEIKH
NARSINHBHAI DAHYABHAI - Petitioner(s)
Versus
RAMCHENDRA
J. BASIYA & 1 - Respondent(s)
=================================================
Appearance
:
MR PM RAVAL for Petitioner(s) :
1 - 8.
NOTICE SERVED for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 01/05/2009
ORAL JUDGMENT
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
In
this petition under Article 226 of the Constitution, the petitioners
had challenged the constitutional validity of the Gujarat Provision
for Disqualification of Members of Local Authorities for Defection
Act, 1986 and the rules framed thereunder being the Gujarat Provision
for Disqualification of Members of Local Authorities for Defection
Rules, 1987. The petitioners had also prayed for quashing the
proceedings under the said Act and Rules being Application Nos.65 to
72 of 1987 which were then pending before respondent No.3
Secretary to the Government of Gujarat, General Administration
Department and prayed for permanent injunction to restrain the said
authority from proceeding with the said inquiry.
2. While
admitting the petition on 15.4.1991, interim relief as prayed for was
refused and this Court had specifically observed that the proceedings
pending before respondent No.3 shall proceed further in accordance
with law.
3. With
passage of time, the petition has obviously become infructuous as the
term for which the petitioners were elected as members of the Bagasra
Municipality came to an end long back by efflux of time.
4. On
this short ground alone, this petition is dismissed as infructuous.
Rule is discharged.
5. It
is also required to be noted that challenge to the constitutional
validity of Gujarat Provision for Disqualification of Members of
Local Authorities for Defection Rules, 1987 was turned down by this
Court in Devabhai Parbatbhai Avadia & Ors. vs. P.D. Waghela
Competent Authority & Ors, 2007 (3) GLH 410.
(M.S.
SHAH, J.)
(HARSHA
DEVANI, J.)
zgs/-
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