J.B.PARDIWALA,J. - (1.)By this writ-application under'Article 226'of the Constitution of India, the writ-applicant has prayed for the following reliefs :
'(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the election results dated 08.03.2021 and 02.03.2021 pertaining to 17-Pimpan Electoral Division of the Sanand Taluka Panchayat so far as it declares deceased Lilaben Vikrambhai Thakore as the elected candidate from 17-Pimpan Electoral Division of the Sanand Taluka Panchayat and further be pleased to direct respondent authorities to declare petitioner as the elected candidate from 17-Pimpan Electoral Division of the Sanand Taluka Panchayat;

(B) During pendency and final disposal of the present petition, Your Lordships may be pleased to stay further operation of election results dated 08.03.2021 and 02.03.2021 pertaining to 17-Pimpan Electoral Division of the Sanand Taluka Panchayat so far as it declares deceased Lilaben Vikrambhai Thakore as the elected candidate from 17-Pimpan Electoral Division of the Sanand Taluka Panchayat and further be pleased to direct respondent authorities to declare petitioner as the elected candidate from 17-Pimpan Electoral Division of the Sanand Taluka Panchayat (C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.'

(2.)A nice and interesting question arises in this case out of the dust and fume of election process.
(3.)One Lilaben Vikrambhai Thakore (since deceased) and the writ-applicant herein contested the election to the 17-Pimpan Electoral Division of the Sanand Taluka Panchayat. Late Lilaben was an independent candidate, whereas the writ-applicant herein was nominated by a political party, viz. the Bharatiya Janata Party. The polling took place on 28th February 2021. The counting was scheduled on 2nd March 2021. Lilaben Vikrambhai Thakore passed away on 1st March 2021, i.e. a day prior to the scheduled counting. The Election Officer proceeded with the counting of the votes on 2nd March 2021 and declared Lilaben as the winner. Lilaben Thakore secured 2163 votes, whereas the writ-applicant herein secured 1409 votes. Although Lilaben secured the highest votes, yet the Election Officer was not able to give effect to the result of the election with respect to the 17- Pimpan Electoral Division of the Sanand Taluka Panchayat on account of the death of Lilaben Thakore.