JAGDISHBHAI MANGABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of four petitions the petitioners, who happened to be Councillors of Rajpipla Municipality and who have alleged to have resigned, have approached this Court by way of these petitions challenging the Communication dated 09.08.2018 of the Chief Officer, respondent no.3, to the Election Commission calling upon the Commission to initiate bi-election proceedings for those vacancies said to have arisen on account of so called resignations of the petitioners.

(2.) As the entire issue pertains to a question as to whether during the pendency of the adjudication before the competent authority in respect of the dispute regarding resignation, can the vacancies said to have arisen on account thereof, be treated vacancies warrant initiation of bi-election proceedings ? Hence, all the matters heard together and are being disposed of by this common judgment and order, at the request of learned counsels for the parties. The formality of Rule is required to be completed, hence, Rule. Learned AGP waves service of notice of Rule on behalf of respondent nos.1 and 2, learned counsel Shri Vaghela waves service of notice of Rule on behalf of respondent no.3 and Ms. Roopal R.Patel, waves service of notice of Rule on behalf of respondent no.4. Rule is fixed forthwith at the request of learned counsels appearing for the parties.

(3.) The common facts in all these petitions, shorn off undue details and deserving for appreciating the controversy only, needs to be set out as under.