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SCA/14012/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14012 of 2010
=========================================
NANJIBHAI
M GOHIL - Petitioner(s)
Versus
ELECTION
COMMISSIONER & 1 Respondent(s)
=========================================
Appearance
:
PARTY-IN-PERSON
for Petitioner(s) : 1,
MR
A J DESAI,AGP for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 21/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Since
the polling in the election in question is held today, the petition
could not be entertained at this stage for redressal of the
grievances expressed in the petition. Since the petitioner has
appeared as party-in-person, learned counsel Mr.
D.M.Ahuja, was requested to appear as an amicus curiae so as
to understand and convey the grievance and the appropriate remedy in
the facts of the case. Having heard learned counsel, Mr. Ahuja, and
the petitioner, it was clear that the petitioner was required to file
an appropriate fresh petition, if so advised, if no other alternative
remedy was available at the local level. Accordingly, the petition is
disposed at this stage with liberty to the petitioner to pursue
alternative remedy of filing an election petition as also to file a
fresh petition, in case of necessity.
[D.H.WAGHELA,
J.]
[SMT.
ABHILASHA KUMARI,J.]
JYOTI
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