JATNIBEN RAMESHBHAI BURIYA Vs. ELECTION OFFICER

JUDGEMENT

(1.) Challenging the order of learned 3rd Addition Civil Judge, Dahod in Election Petition No.1 of 2021 this petition has been preferred in the following factual back ground under Articles 226 and 227 of the Constitution of India.

(2.) Other side appeared and also resisted this on the ground that it is an interim order and after once the recounting is over, the outcome can be challenged by either side. However, for present, there is no need for this Court to interfere as after availing the opportunities to the parties, the Court has passed the order.

(3.) The respondent No.2 has filed affidavit-in-reply, wherein it is contended that considering Sec. 31(7)(B) of the Act the Court had passed such an order. The learned Judge has also considered the judgment passed in case of Rameshbhai Sumatbhai Humbal vs. Laxmanbhai Tejabhai Kathariya, reported in AIR 2018 Guj. 97.