BACHUBHAI MOHANBHAI CHAVDA Vs. VANRAJSINH RAISINH CHAVDA
HIGH COURT OF GUJARAT
BACHUBHAI MOHANBHAI CHAVDA
VANRAJSINH RAISINH CHAVDA
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(1.) HEARD learned advocates. Rule returnable today. Mr. Jani and Ms. Nair appear and waive service of notice of rule on behalf of respondent Nos. 1 and 2 respectively. With the consent of the learned advocates, the petition is heard and disposed of today.
(2.) THIS petition preferred under Articles 226 and 227 of the Constitution arises from the judgment and order dated 13th May, 2008 passed by Principal Senior Civil Judge, Vadodara in Election Petition No. 2 of 2006. Subject matter of challenge was election of respondent No. 1 as Sarpanch of village Sankarda, Taluka - District Vadodara. The petitioner had lost the said election by 20 votes. Challenge to the election was manifold as reflected in the pleadings. Mr. Shah has appeared for the petitioner. He has submitted that the learned Civil Judge has failed to conduct proper trial. Neither the learned Civil Judge has framed issues nor were the parties given opportunity to lead evidence. The Election Petition has been decided on pleadings and oral arguments alone.
(3.) THERE is no gainsaying that learned Civil Judge has failed to conduct proper trial. On this very reason, impugned judgment and order dated 13th May, 2008 passed by Principal Senior Civil Judge, Vadodara in Election Petition No. 2 of 2006 is quashed and set aside. The Election Petition is remanded to the learned Civil Judge for re-trial in accordance with law. Learned Civil Judge will frame proper issues arising out of the pleadings and allow the parties to lead evidence before hearing and deciding the Election Petition.;
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