JAGMALBHAI BHAGABHAI HUMBER Vs. NISHARBHAI HUSENBHAI THEBA

JUDGEMENT

(1.) This is an application under Article 226(3) of the Constitution of India for vacating interim relief granted by this court on 21.08.2020 in Special Civil Application No. 9894 of 2020. The order reads as under:

(2.) Mr. C.B. Upadhyaya, learned advocate for the applicant would invite the attention of this court to paragraph no. 3.1 of the order and submit that the order proceeds on an assumption that a requisition application was submitted to the President for calling general elections for the post of President and Vice President of Manavadar Nagar Palika. He invited the attention of the court to page 23 of the Civil Application and indicated that the meeting was called for transacting general business and not for the purpose of conducting any elections either to the post of President or Vice President.

(3.) Mr. P.S. Champaneri, learned advocate for the respondent - original petitioner submitted that the interim order passed by this court is just and proper and does not call for any interference by this court. He would join an issue on the judgement relied upon by learned advocate for the applicant in Special Civil Application No. 17272 of 2011 and submitted that it was in the context of the meeting of the sub-committee and not in the meeting which is in the context of the present meeting held by the Municipalities on 10.02.2020. Reliance was also placed on a decision of the Apex Court in the case of Rajendra Singh Rana vs. Swami Prasad Maurya [(2007) 4 SCC 270] and in the case of Devraj vs. State of Maharashtra [(2004) 4 SCC 697] to submit that interim relief in terms of what is granted if not continued, would tantamount to dismissing the petition.