SHAKARAMBHAI KALUBHAI VALVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Shri Mangukiya, learned advocate for the petitioner. Shri Mangukiya has invited this Court's attention to the averments made on oath by the petitioner in the memo of the petition, indicating that the petitioner's wife through petitioner did not beget any child after his election as Member of the Taluka Panchayat in question. The child 'Pratiksha' which is shown to be child of petitioner and his wife Girjuben is not petitioner's child. There is manipulation in the record and hence petitioner is not granted any relief, the malafide design of opposite political party would be fulfilled. He also submitted that in the very same Taluka Panchayat there was similar complaint against one member and when she approached the authorities she was granted stay as she belong to the political party opposite to the petitioner. Shri Mangukiya has placed on record the order passed by this Court in Special Civil Application No. 5891 of 2011, wherein respondent no.4 was permitted to cast vote and her vote was ordered to be kept separately in a sealed cover and it was to be governed by the decision of the matter thereafter.

(2.) IN view of the aforesaid submission of Mr. Mangukiya and in view of the fact that same authority has not granted any stay which is likely to tilt the balance of power adversely, therefore, this Court is of the view that the present petitioner also be permitted to participate in the meeting and cast his vote. The said vote be kept in a sealed cover which would be considered on its own merit. The concerned responsible authority, i.e. respondent no.3 shall permit the petitioner to cast his vote and keep that vote in a sealed cover in a proper and safe custody till further orders that may be passed in this petition.