BHUSHAN ASHOKBHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr Y F Mehta, learned counsel for the petitioners, Ms Jirga Jhaveri, learned Asstt.Government Pleader for respondent No.1, Mr Satyam Chhaya, learned counsel for respondent No.2, Mr P C Kavina, learned senior counsel appearing with Mr Biren Vaishnav for respondents No.3, 4 and 5.

(2.) IT appears that when the Assembly Elections of the year 2007 was held, Model Code of Conduct was imposed by the Chief Election Commissioner and some complaint was made to the Chief Election Commissioner that the boards have been painted in saffron or green colour which gives an impression that a particular caste or party is being favoured by displaying of the boards and particular caste or party is identifiable and, therefore, these boards may be got removed so that communal harmony is maintained. The Chief Election Commissioner, by order dated 23.10.2007 directed that these saffron and green signage boards be replaced or recoloured by some other uniform colour throughout the municipal area. Accordingly the boards were repainted.