LAWS(GJH)-2018-1-78

PATHAN IRFANKHAN RAMJANKHAN PRESIDENT Vs. STATE OF GUJARAT THROUGH SECRETARY TO GOVERNMENT OF GUJARAT

Decided On January 11, 2018
Pathan Irfankhan Ramjankhan President Appellant
V/S
State Of Gujarat Through Secretary To Government Of Gujarat Respondents

JUDGEMENT

(1.) Present Civil Application is filed by the applicant-original petitioner for the prayer that impugned order dated 28/08/2012 passed by the Director of the Municipalities may be stayed and also prayed that nomination of the applicant in the ensuing election of the Municipality may not be rejected on the ground of disqualification by virtue of order dated 28/08/2012 passed by the Director of the Municipalities.

(2.) Heard Mr. B. M. Mangukiya, learned advocate for the applicant-petitioner, Mr. Venugopal Patel, learned Assistant Government Pleader for respondents no.1 and 2 and Mr.Deepak Sanchela, learned advocate for respondent no.3 Balasinor Municipality.

(3.) During the course of hearing, it was pointed that when the petition was filed, the order passed by the Single Judge was carried before the Hon'ble Division Bench by way of Letters Patent Appeal No.1201 of 2012 and the Hon'ble Division Bench, vide order dated 23/01/2013, has declined to grant the relief. Para-5 of the said order reads as under: