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SCA/953220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9532 of 2008
=========================================================
PRAKASHBHAI
BHIKHABHAI PATEL - Petitioner(s)
Versus
SUDHABEN
ASHOKBHAI SHAH & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL M BAROT for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 31/07/2008
ORAL
ORDER
Rule.
To be heard with Special Civil Application No.9071/2008 and connected
matters.
In
the meantime, by way of ad interim relief further proceedings arising
out of a show cause notice Annexure-D shall stand stayed.
The
above interim relief is granted on the premise that Learned Single
Judge of this Court by order dated 16.7.2008 passed in Special Civil
Application No.9071/2008 has under similar circumstances, prima facie
found that respondent No.2 herein could not have been empowered by
the Government to consider disqualification of the members of the
Nagarpalika. In this regard learned Judge has clarified in the said
order as below :
17.
It is clarified that the rights and contentions of both the sides on
the aspect as to whether disqualification is incurred on account of
alleged defection or not, are not examined by this Court at that
stage, since it would be essentially be the question of facts to be
adjudicated by the proper officer under the law.
Similar
clarification will apply in this order also.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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