RANA ANVARBHAI VAJESINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) "Can the petitioners or their lawyer be permitted to choose the wrong forum and misuse the process of law by making misleading statements in the petition and then blame the Court for passing adinterim order in their favour?", is the precise question for consideration in the present petition. The facts germane for deciding the petition are as under.

(2.) The petitioners, by way of the present petition filed under Article 226 of the Constitution of India, have challenged the legality and validity of the order dated 24.7.2017 passed by the respondent No.3 authorized officer, whereby the respondent No.3 has rejected the objections raised by the petitioners against the non-inclusion of their names in the preliminary voters' list published on 3.7.2017 under Rule 7(2) of the Gujarat Agriculture Produce Markets Rules,1965 (hereinafter referred to as "the said Rules") for the Traders' Constituency of the Agriculture Produce Market Committee, Savli (hereinafter referred to as "the APMC, Savli"). However, the prayer clause of the petition reads as under:-

(3.) It appears from the record of the petition that the petition was presented in the office on 28.7.2017 and a request was made to the coordinate Bench taking up non-service matters, for urgent circulation of three petitions on 31.7.2017 with office objections, if any. As transpiring from the check-list, there were number of office objections, including the objection that no annexures were filed. It further appears that on 31.7.2017 the petition was adjourned to 1.8.2017, however, no order appears to have been passed on 1.8.2017. Thereafter, on 4.8.2017, again a request was made by the learned Advocate for the petitioners, seeking urgent circulation at 2.30 p.m., of three Civil Applications in the said three Special Civil Applications, before the Coordinate Bench, which did not have the roster to hear the election matters. In the Civil Application No.10216 of 2017 filed in the present Special Civil Application following prayer was made:-