C/SCA/7816/2025 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7816 of 2025 ========================================================== TUSHARBHAI MANJIBHAI SOLANKI Versus THE ELECTION OFFICER & ANR. ========================================================== Appearance: MR.AMIT R JOSHI(6682) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 13/06/2025 ORAL ORDER 1. At the outset, learned Assistant Government Pleader Mr. Sahil Trivedi in the capacity of officer of the Court raised issue with regard to maintainability of the petition pointing out that that in view of Article 243O(b) of the Constitution of India r/w Section 31 of the Gujarat Panchayats Act, 1993, the petitioner is having alternative efficacious remedy of filing Election Petition and therefore the petition under Article 226 of the Constitution of India would not be maintainable. 2. In support, learned Assistant Government Pleader Mr. Trivedi relied upon decision of Division Bench of this Court in the case of Dilipbhai Chhotubhai Vasava v.s. State of Gujarat decided on 25.02.2021 in Special Civil Application No. 3922 of 2021 and in the decision of this Court in the case of Mahipalsinh Najbhai Basiya v.s State Election Commission and Ors. decided on 12.02.2025 in Special Civil Application No. C/SCA/7816/2025 ORDER DATED: 13/06/2025 1699 of 2025. 3. On account of preliminary objection raised by learned AGP, learned advocate Mr. Amit Joshi for the petitioner seeks permission to withdraw this petition with a liberty to file appropriate proceedings. Permission as prayed for is granted. This petition is disposed of as withdrawn. It is clarified that this Court has not gone into the merits of the matter. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 13/06/2025 15:35:25