TRIVEDI MAHENDRABHAI MAFATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to correct the cause title by describing respondent No. 1as State Election Commission, notice to be served through the Secretary, Election Commissioner, State Election Commission. Draft amendment allowed as prayed for. Petitioner to carry out the amendment forthwith. Shri Mahendra Vora, learned Advocate seeks permission to delete respondent Nos.3 and 4. Permission is, accordingly, granted.

(2.) RULE. Ms. Roopal Patel, learned Advocate waives service of notice of Rule on behalf of respondent Nos.1 and 2 and Shri Dipen Desai, learned Advocate waives service of notice of Rule on behalf of respondent Nos.5 to 7. 2.1. In the facts and circumstances of the case and with the consent of learned Advocates appearing on behalf of respective parties, present petition is taken up for final hearing today.

(3.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order directing respondent Nos.l and 2 to accept the nomination form of the petitioner for election to the post of Councilor of Ward No.7 of Dhanera Nagarpalika and permitting him to contest the said election on the symbol of a recognized political party Bharatiya Janta Party (BJP). By way of amendment which has been carried out the petitioner has prayed for an appropriate writ, direction or order declaring the nomination of the petitioner as valid nomination as the nomination of the main candidate mandated/set up by his party BJP has been declared invalid by this Court by order dated 04.02.2013 passed in Special Civil Application No.1009 of 2013.