JABIRBHAI RAHIMBHAI LULANIYA Vs. P S SHAH SECRETARY

JUDGEMENT

(1.) RULE . On advance copy being served to Ms. Roopal Patel, learned advocate under the instructions from Law Officer of respondent no.1Shri Modi, waives service of notice of Rule on behalf of respondent no.1.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(3.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned decision dated 28.1.2013, of the respondent no.2 Returning Officer, Jetpur Navagadh Nagarpalika Ward Nos. 1 to 7 and Prant Officer, Gondal, by which nomination form of the petitioner for the post of Member/ Councilor of Ward No.2 of Jetpur Navagadh Nagarpalika has been rejected on the ground that against the proposer at Serial No.9 Khorani Rajiyaben Gulamhusain though her serial number in the voter list has mentioned at Serial No. 179, the same does not tally with the voter list of Ward No.2 of Jetpur Navagadh Nagarpalika.