HAJIBHAI JAMADIBHAI SAIYED Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) In these petitions under Article 226 of the Constitution, the petitioners, two in number, have challenged the judgment and order dated 13.11.2000 passed by the learned Joint District Judge, Bhavnagar in Election Petition No. 2 of 2000 under the Gujarat Municipalities Act, 1963 (`the Act' for brevity). The learned Judge has allowed the election petition on the ground that the nomination form of Pravinbhai Mulubhai Gadhavi, respondent No. 4 in each of these petitions (the same respondent) for elections from Ward No. 8 of Palitana Municipality was improperly rejected by the Election Officer. Since it was a multiple seat constituency, the election of both the petitioners herein has been declared to be illegal and the seats have been declared to be vacant. The Chief Officer of Palitana Municipality has been directed to give a notice to the Election Commission in accordance with Section 42(1) of the Gujarat Municipalities Act intimating that elections are required to be held for two vacancies of ward No. 5. On receipt of the notice from the Chief Officer, the State Election is directed to take steps for holding election to fill the vacancies in the Palitana Municipality in accordance with Section 42(2) of the Act.

(2.) Since respondent No. 4 had also filed nomination form for elections from Ward No. 5, which was also rejected on the same ground, similar petition being Election Petition No. 1 of 2000 was also allowed and elections of two candidates from the said two seat constituency were also declared illegal. However, at the hearing of these petitions, along with Special Civil Application No. 12866 of 2000, respondent No. 4 was asked to opt between ward No. 5 and ward No. 8. Accordingly, respondent No. 4 chose to contest these petitions in respect of the elections from ward No.8 only. Hence Special Civil Application No. 12866 of 2000 in connection with the elections from ward No.5 has been allowed earlier by consent of the respective parties, but without prejudice to the rights and contentions of respondent No.4 in these petitions.

(3.) The facts leading to filing of these petitions, broadly stated, are as under :-