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SCA/10711/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10711 of 2010
=========================================
NIKITA
GAVANDE - Petitioners
Versus
MAHARAJA
SAYAJIRAO UNIVERSITY OF BARODA & 4 - Respondents
=========================================
Appearance :
MR
B M MANGUKIYA for
Petitioner(s) : 1,MS BELA A PRAJAPATI for Petitioner(s) : 1,
None
for Respondent(s) : 1 - 5.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 07/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Leave
to amend and join the State Government as party respondent no.6. A
copy of the petition shall immediately be supplied to learned AGP,
and on that condition, service is waived by learned AGP.
In
view of the submission of learned counsel, Mr.
Mangukia that the election in question is being held tomorrow,
admittedly, there is no sufficient
time left for service of notice upon the other respondents and for
affording them an opportunity of being heard before the grant of any
substantive relief. However, in view of the submissions made on oath
in the petition and the history of the previous election as described
in the petition, it appears to be necessary and in the interest of
free and fair election that the prayers made in the petition are
seriously considered by the respondents and, in case of necessity,
proper police bandobast is provided by the State Government for
ensuring that no untoward incident happens within the campus of as
hallowed an institution as Maharaja Sayajirao University. Therefore,
learned AGP is requested to convey to the Commissioner of Police,
Vadodara that, in case of necessity or request by the Vice
Chancellor of the Maharaja Sayajirao University or the
candidates/students concerned, adequate arrangement may be made for
ensuring proper and safe conduct of the election. We hope that the
authorities concerned will keep in view the ideals of democracy and
avoid any further litigation related to the election in question and
the petition will have to be withdrawn on the returnable date which
is fixed on 09.09.2010.
A copy of this order shall be immediately furnished to learned
counsel for the petitioner and learned AGP for its communication to
the respondents by fax and by hard copy. Direct service today is
permitted.
[D.H.WAGHELA,
J.]
[S.R.BRAHMBHATT,
J.]
JYOTI
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