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2025 DAILYLAW 4142 (GUJ)

CHETANSINH HAKUBHA GOHIL v. STATE OF GUJARAT

SCA/7904/2025 · 2025-06-26

Mauna M Bhatt

body2025

Judgment text

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C/SCA/7904/2025 ORDER DATED: 26/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7904 of 2025 ========================================================== CHETANSINH HAKUBHA GOHIL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DHAVAL VYAS, LD.SENIOR ADVOCATE WITH MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 MS NALANDA ACHARYA, LD.AGP for the Respondent(s) No. 1 MR AB GATESHANIYA(3766) for the Respondent(s) No. 3,4 MR DIPAN DESAI(2481) for the Respondent(s) No. 5,6 MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 7 NOTICE SERVED BY DS for the Respondent(s) No. 2,8 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 26/06/2025 ORAL ORDER 1. This petition is filed with the prayer to direct respondent No.7- District Development Officer to conduct free and fair elections under his supervision for the post of President and Secretary of respondent No.2- Association. It was case of the petitioner that on account of frictions created in the association, two separate elections, are likely to be held to elect the body of association, and the action of holding two elections is not permissible. Accordingly, an order dated 17.06.2025 was passed permitting the District Development Officer to look into the representations dated 30.05.2025 and 10.06.2025 to take appropriate action. 2. It was submitted by learned Senior Advocate Mr.Dhaval Vyas on behalf of the petitioner that accordingly representations of the petitioner have been considered and District Development Officer C/SCA/7904/2025 ORDER DATED: 26/06/2025 has called upon both fractions (respondent nos. 3an4 and respondent nos. 5 and6) by issuance of show cause notice dated 23.06.2025, to respond to the grievances made in the representations. Accordingly, they were heard and only action now is required to pass an appropriate order on the show-cause notice. 3. Learned advocate Mr.A.B.Gateshaniya for respondent Nos.3 and 4 and learned advocate Mr.Dipan Desai for respondent Nos.5 & 6 supported submissions made by learned Senior Advocate Mr.Dhaval Vyas. Learned advocates for respondent Nos.3, 4, 5 & 6 have jointly submitted that the decision of District Development Officer to conduct the election by any one of the fractions of association would be binding on them. It is also submitted that Elections are scheduled to be held on 27.06.2025 to 30.06.2025. 4. Considering above and in view of the decision to be taken by District Development Officer to permit one of the fractions created in the Association to conduct the election their grievance would not survive and the petition at this stage is disposed directing the District Development Officer to pass an appropriate order pursuant to the Show Cause Notice dated 23.06.2025 on or before 27.06.2025, since the elections are scheduled from 27.06.2025 to 30.06.2025. This petition is disposed of accordingly. Direct service is permitted today. (MAUNA M. BHATT,J) DIPTI PATEL... Page 2 of 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 26/06/2025 16:23:28