BRINDABEN NILANJKUMAR SHUKLA Vs. PRITIBEN UMESHKUMAR SONI

JUDGEMENT

(1.) Mr. B.M. Mangukiya, learned advocate for the petitioner submitted that the petitioner was set up as an official candidate by Nationalist Congress party (hereinafter referred to 'the NCP') in the general election of Lunavada Municipality which took place in the year 2018 and the petitioner was declared elected by competent authority from Ward no.1 and accordingly, a certificate in Form 22, was issued. It is further submitted that respondent no.3, is a local MLA and against whom, serious allegations have been made by the petitioner to the effect that the respondent no.2 - the designated authority (hereinafter referred to as 'the designated authority'), has acted at his behest.

(2.) On the other hand, Mr. C.B. Upadhyaya, learned advocate with Mr. Naman K. Brahmbhatt, learned advocate for the respondent no.1 submitted that the argument about withdrawal of the application by the respondent no.1, is baseless for, the respondent no.1 though submitted an application, was not permitted to withdraw, which is clear from the observations made in the order dated 18.3.2021 and more particularly, at page 148 of the compilation. It is submitted that it has been categorically observed by the designated authority that the application of the respondent no.1, is not accepted and under the circumstances, application for joining party of Tejpalsinh Surpalsinh Solanki, Member of Lunavada Nagarpalika, cannot be considered. Therefore, the said contention raised by the petitioner about withdrawal of the application by the respondent no.1, is without any basis and does not deserve to be accepted.

(3.) Mr. Utkarsh Sharma, learned advocate appearing for the designated authority, at the outset, submitted that the order against which the grievance is raised, is prior in point of time and the authority concerned, has adjudicated the issue after giving sufficient opportunity of hearing. Therefore, it would be impermissible to the petitioner to raise any grievance against the order dated 18.3.2021 and more particularly, in absence of any challenge to the said order.