GITABEN MAHESHBHAI VASAVA Vs. SHANIBEN RAMESHBHAI VADAVA

JUDGEMENT

(1.) Shri Vaghela, learned advocate for the petitioner, places on record heavy reliance upon the decision of the Supreme Court in case of Rameshbhai Dabhai Naika Vs. State of Gujarat and Ors. reported in 2012 (1) G.L.H. 448, to support his contention that the petitioner did suffer all handicaps and disadvantages on account of her being rearing nurtured by mother whose caste was not in dispute being Scheduled Tribe and her marriage with caste Hindu did not change the plight of the mother of the petitioner, as there is an evidence on record to indicate that husband had abandoned the lady which resulted into the mother of the petitioner bearing burden of rearing the children and as a result thereof she has married in the same community and today her husband is also member of Scheduled Tribe. In this view of the matter, the observation of the Apex Court, would squarely cover the issue and the petition deserves to be allowed.

(2.) Shri Mangukiya, learned advocate for the respondent, disputes all the contentions of learned counsel for the petitioner and submitted that these are the matter of facts and evidence and let there be the Record & Proceedings of Election Petition No.1 of 2015 available to this Court so that appropriate submissions to be made and the matter be decided finally.

(3.) Shri Vaghela, learned counsel for the petitioner, invited Court's attention to the fact that the trial Court has stayed its own order dated 22th June, 2017 and therefore, the same has not been effective and operational. That order is stayed for a period of 30 days and therefore, the said situation be taken care of in case if the Court is inclined to call for Record & Proceedings.