RAFIDBHAI MOGAL Vs. JAGDISHBHAI GOVINDBHAI DHARAJIA

JUDGEMENT

(1.) These two Letters Patent Appeals are directed against the judgment and order dated 26.6.2000 passed by the learned single Judge whereby the Special Civil Application No.5212/2000 filed by Amreli Municipality and its Incharge President was dismissed and Special Civil Application No.5276/2000 filed by the candidate, who according to the proceedings of the meeting drawn by Assistant Collector, secured majority votes, is entitled to be declared as elected, was allowed and the rule was made absolute.

(2.) Whereas both the Letters patent Appeals are directed against the same impugned common order dated 26.6.2000 and common questions are involved based on identical facts relating to same dispute, we propose to decide both these Appeals by this common judgment and order.

(3.) It is the infight of the political parties, which has given rise to this litigation - which is essentially a political issue which has come to the court in the form of an issue with legal questions raised by both the sides on the allegations of betrayal versus betrayal.