C/LPA/634/2026 ORDER DATED: 27/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 634 of 2026 In R/SPECIAL CIVIL APPLICATION/7850/2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 634 of 2026 ============================================= GUJARAT STATE ELECTION COMMISSION Versus NIDHI AKSHAYKUMAR JAIN (KALLUBHAI) & ORS. ============================================= Appearance: AISHVARYA(8018) for the Appellant(s) No. 1 MR GH VIRK, GOVERNMENT PLEADER with MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 7 MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 8 MR DIPAN DESAI(2481) for the Respondent(s) No. 1,2,3,4,5,6 ============================================= CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 27/07/2026 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) 1. Having heard the learned counsels for the parties and perused the record, we find no justification in staying the by-elections as per the schedule whereof, polling is to take place on 28.07.2026, when the learned Single Judge has passed the interim order on 23.07.2026, the date whereby all the stages of election process were over except polling. 2. Moreover, the removal of the writ petitioners as Councilors is on account of the permanent disqualification under Section 3 of the Gujarat Provisions C/LPA/634/2026 ORDER DATED: 27/07/2026 of Disqualification of Members of Local Authorities for Defection Act, 1986, which is subject matter of challenge before the writ Court. When the removal order itself was subject matter of challenge and in view of the mandate of Section 42 of the Gujarat Municipalities Act, 1963, the by-elections for the vacant posts are to be completed within a period of six months from the date of occurrence of the vacancies, the petitioners cannot seek stay of the election process, on the premise that in case the elections are conducted, the writ petition would be rendered infructuous. 3. In any case, elections as to the post of Councilor, held as by-elections, would be subject to the final outcome of the writ petition. 4. In view of the above, we set aside the judgement and order dated 23.07.2026 passed by the learned Single Judge to the extent of challenge to stay/arrest of the election for Seat No.1 and Seat No.4 of Ward No.5 of Devgadh Bariya Municipality, by the order impugned. 5. However, we may clarify that we have not entered into the merits of the claims of the parties, which would obviously be subject matter of consideration before the writ court. Detailed reasons for this decision shall follow. (SUNITA AGARWAL, CJ ) (D.N.RAY,J) BIJOY B. PILLAI Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: BIJOY BALAKRISHNA PILLAI(HC00202), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/07/2026 15:04:24