KIRITBHAI BHAILALBHAI PATEL Vs. ELECTION OFFICER AND ORS

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash the entire election proceeding held in the year 2010 in respect of patrak -7 juth (group) -3 of Gujarat Secondary and Higher Secondary Education Board conducted for electing a class -B committee member from representatives of the management of the secondary and higher secondary schools registered under the Trust Registration Act,1860 and Mumbai Public Trusts Act, 1950.

(2.) LEARNED counsel for the petitioner has submitted that the election officer has committed certain irregularities. However, learned counsel for the respondent has raised a contention that in view of Regulation 33 of Secondary Education Regulation, Civil Court, having competent jurisdiction can decide the issue. Regulation 33 is extracted below:

(3.) LEARNED counsel for the petitioner has relied on the decision of the Apex Court in Jayrajbhai Jayantibhai Patel vs. Anilbhai Jayantibhai Patel and Others, 2006 3 GLH 226. However, in our opinion, it is not an administrative decision. Therefore, this decision will not be applicable to the facts of the present case.