LAWS(GJH)-2023-8-227

DINESH VIRABHAI KHUMAN Vs. STATE OF GUJARAT

Decided On August 23, 2023
Dinesh Virabhai Khuman Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present petition, the petitioner herein has challenged the order dtd. 21/1/2022 passed by the respondent No.2 whereby, the respondent No.2 arrived at the conclusion that the caste certificate of Mr. Amit Shivlal Chavada is just and proper and the same is ordered to be continued. Being aggrieved by the said order, the petitioner herein has approached this Court seeking the following reliefs: "(A) YOUR LORDSHIPS be pleased to admit and allow this petition and issue writ of certiorari or certiorarifide Mandamus or any other appropriate writ, order or directions in nature of certiorari or any other writ and to quash and set aside the order passed by the respondent No.2 dtd. 21/1/2022. (B) YOUR LORDSHIPS be please to grant alternative prayer to remand the matter back to the Respondent No.2 directing them to re- appreciate the evidences and calling for original caste certificate and get it scientifically examined, within the specified and prescribed time limit. (C) YOUR LORDSHIP be pleased to grant any other just and proper relief in the interest of justice and equity."

(2.) Briefly stated that the petitioner herein preferred Special Civil Application No.11310 of 2021 challenging the election of respondent No.4 as President of Bharuch Nagarpalika, the seat being reserved for the Scheduled Caste. The petitioner was directed to approach the Scrutiny Committee for ventilating the grievance and accordingly, the Special Civil Application No.11310 of 2021 was disposed of by the order dtd. 21/10/2021.

(3.) Heard Mr. Krutarth K. Desai, learned advocate appearing for the petitioner, Ms. Jyoti Bhatt, learned AGP appearing for the respondent Nos.1, 2 and 3, and Mr. Dhruv Toliya, learned advocate appearing for the respondent No.4.