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SCA/585/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 585 of 2011
=========================================================
SUNIL
NARSING HATILA & 13 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Petitioner(s) : 1 - 14.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/02/2011
ORAL
ORDER
Learned
advocate Mr.Kharadi for the petitioner submits that the respondent
no.2 has issued notice to the petitioner under Sections 3 and 6 of
the Gujarat Provision for Disqualification of Members of Local
Authorities for Defection Act, 1986. He further submits that the
application filed by respondent no.3 before the respondent no.2 –
Settlement Commissioner is not maintainable under the said provisions
of the Act and therefore, the show cause notice issued by the
Settlement Commissioner dated 31.12.2010 itself is illegal.
In
view of the above, petitioner seeks permission to withdraw this
petition with liberty to raise all the contentions which are raised
in this petition along with the preliminary contention that the
application filed by respondent no.3 is not tenable before the
competent authority. Permission as prayed for is granted.
It
is clarified that if such contentions are raised by the present
petitioner before the authority, the same will be decided in
accordance with law and on its own merits, without being influenced
by order passed by this Court.
Direct
service is permitted.
(
M.D.Shah, J )
srilatha
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