CHAUDHARI BABUBHAI KESHABHAI Vs. ELECTION OFFICER & 2

JUDGEMENT

(1.) The present petition is filed by the petitioner, original opponent No. 3, under Articles 226 & 227 of the Constitution of India as well as under the provisions of the Gujarat Panchayats Act, 1993 (hereinafter referred to as the 'Panchayats Act') for the prayers as prayed for in the petition, inter alia, for quashing and setting aside the order passed in Civil Misc. Application No. 1/2012 by the Election Tribunal (Principal Civil Judge, Visnagar) dated 27.3.2014 and for stay of the operation of the order on the grounds set out in the memo of petition.

(2.) The background of the facts, briefly summarized, are as follows:

(3.) Learned counsel Shri Dakshesh Mehta for the petitioner referred to the impugned order and submitted that the issues/points of determination have not been considered on proper appreciation of evidence. For that purpose, he referred to the paper-book which has been submitted by him with the testimony of witnesses to emphasise his submission with regard to the alleged irregularity in counting of votes. Learned counsel Shri Mehta also referred to the order of the Division Bench of the High Court in Special Civil Application No. 2824 of 2014 dated 12.4.2012 (Coram: D.G. Waghela & Mohinder Pal, JJ.) and submitted that the Election Petition No. 1/2012 which was pending was ordered to be expedited and in the meantime the petitioner should continue to hold the post of Sarpanch. He also referred to the order in Special Civil Application No. 12927 of 2012 with Civil Application No.12047 of 2012 dated 8.1.2013 (Coram: M.D. Shah, J.) and submitted that the court had given directions with regard to the proceedings of Civil Misc. Application No. 1/2012 pending before the Principal Civil Judge, Visnagar (Election Tribunal) and it was permitted to cross-examine the original opponent No.1 and opponent No. 3.