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2026 DAILYLAW 578 (GUJ)

GHANCHI SALIMBHAI NOORBHAI v. THE STATE OF GUJARAT

SCA/5838/2026 · 2026-04-24

Hemant M Prachchhak

body2026

Judgment text

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C/SCA/5838/2026 ORDER DATED: 24/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5838 of 2026 ========================================== GHANCHI SALIMBHAI NOORBHAI Versus THE STATE OF GUJARAT & ORS. ========================================== Appearance: MR. ZAMIR Z SHAIKH(6857) for the Petitioner(s) No. 1 MR GH VIRK GP WITH MS DHARITRI PANCHOLI AGP for the Respondent(s) No. 1,3,4,5 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 24/04/2026 ORAL ORDER 1. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India and under the provisions of the Representation of Peoples Act seeking following reliefs:- (A) This Hon’ble Court be pleased to admit and allow this Petition. (B) This Hon’ble Court be pleased to issue appropriate writ or pass an order or direction upon the respondents, not to arrest or detain the present petitioner till the declaration of election result of Dabhoi Nagarpalika in the interest of justice. (C) This Hon’ble Court be pleased to grant any other and further relief that is deemed fit an expedite in the interest of justice. 2. The facts of the present case are that the petitioner is a five time elected corporator of Dabhoi Nagarpalika and contesting ongoing election of Dabhoi Nagarpalika as a candidate of Indian C/SCA/5838/2026 ORDER DATED: 24/04/2026 National Congress Party. That after declaration the name of the petitioner, one Imran Kalushah Diwan filed a complaint before respondent No.3 and under the influence of political party, respondent No.3 threatening the petitioner with regard to his arrest. Being aggrieved, the present petition is filed. 3. Having heard learned counsel for the petitioner and considered the submissions and averments made in the petition and the reliefs as sought for, this Court is of the opinion that this Court has no jurisdiction to pass any restriction order as there is no any action initiated by the respondents. Therefore, this Court is of the view that there is no substance in the petition and the petition being devoid of merits deserves to be dismissed. Accordingly, the present petition is hereby dismissed. (HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2026 16:18:48