PATEL NATHABHAI HEGOLABHAI Vs. ELECTION COMMISSION OF INDIA
LAWS(GJH)-2020-3-299
HIGH COURT OF GUJARAT
Decided on March 17,2020

Patel Nathabhai Hegolabhai Appellant
VERSUS
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

SONIA GOKANI,J. - (1.) Issue notice returnable on 23.03.2020. Mr. Ronak Raval, learned Assistant Public Prosecutor waives service of notice for and on behalf of respondent No.2.
(2.) Petitioner is before this Court seeking following reliefs: ? "15. The petitioner, therefore, prays; (A) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction in the nature of prohibition or any other appropriate writ, order or direction to quash and set aside the impugned communication and/or directions issued by the District Election Officer Annexure B and C respectively. (B) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction to quash and set aside the impugned communication and/or directions issued by the District Election Officer Annexure B and C respectively. (B) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction in the nature of prohibition or mandamus to quash and set aside the impugned directions and/or communications Annexure B and C. (C) That this Hon'ble Court may be pleased to restrain the respondents their agents, servants, subordinate or superior officer from acting upon impugned communication Annexures B and C in any manner till pending hearing and final disposal of this petition. (D) That this Hon'ble Court may please to restrain the District Superintendent of Police or any other subordinate or superior officers of Police from acting upon the impugned communication dated 2nd March, 2020 Annexure ?C issued by the District Election officer in any manner till pending, hearing and final disposal of the petition. (E) That this Hon'ble Court may be pleased to restrain and prohibit the respondents herein from preventing the petitioner to exercise his right to vote at the ensuing election of the council of States to be held on 27th March, 2020 in any manner till pending hearing and final disposal of this petition. (F) That this Hon'ble Court may be pleased to pass such other and further order(s) as the nature and circumstances of the case may require."
(3.) We have heard learned advocate Mr. Champaneri learned advocate for the petitioner and Ms. Manisha Lavkumar, learned Government Pleader appearing with Mr.Ronak Raval, learned Assistant Public Prosecutor for respondent No.2, on seeking instructions from the respondent No.4, submits that so far no process has been initiated pursuant to the communication received from the Collector, Banaskantha dated 02.03.2020. She further submits that the papers since are not received from other side, it may take about a week's time to receive instructions.;


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