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SCA/320/2010 1 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 320 of 2010
For
Approval and Signature:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
HONOURABLE
MR.JUSTICE K.M.THAKER
=========================================================
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 civil judge ?
=========================================================
GHANSHYAMSINH
NATUBHA ZALA - Petitioner(s)
Versus
GUJARAT
SECONDARY & HIGHER SECONDARY EDUCATION BOARD & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL FOR MR CHIRAG B PATEL
for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 19/01/2010
ORAL JUDGMENT
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
The
matter at issue is forthcoming election of the Gujarat Secondary &
Higher Secondary Education Board. The polling is scheduled on 20th
January 2010 i.e. tomorrow. The petitioner has submitted his
nomination from the constituency of Parents’ Association ‘C’
Division. The petitioner challenges the voters’ list published on 5th
December 2009. It is the grievance of the petitioner that contrary to
the notification dated 13th November 2009 issued by the
respondent Board, the voters’ list includes names of the voters whose
photographs and other particulars are not available.
Learned
advocate Mr. B.S.Patel has appeared for the petitioner. He has
submitted that of almost 45% of the voters, photographs or
particulars are not available. He has submitted that those voters
whose photographs and/or particulars are not available on the voters’
list, should not be allowed to cast their votes in the forthcoming
election.
We
do agree that the petitioner’s grievance may be genuine, but we do
not intend to interfere. It may be noted that the impugned voters’
list was published as early as on 5th December 2009. More
than a month thereafter, the petitioner has raised the grievance
before this Court just a day prior to the election date. We do not
intend to entertain the belated grievance. The petitioner will have
the remedy for redressal of his grievance even after the election is
over.
For
the aforesaid reason, we dismiss the petition in limine.
[Ms.
R.M.Doshit, J.]
kdc [K.M.Thaker,
J.]
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