MANUBHAI HARGOVANBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application has been referred to a Larger Bench by order dated 9th April 2013 passed by a Division Bench of this Court (Coram: Jayant Patel & Mohinder Pal, JJ.) as the said Bench was of the opinion that the view proposed by that Bench was, to some extent, in conflict with the one earlier taken by another Division Bench of this Court (Coram: S.J. Mukhopadhaya, CJ & J.B. Pardiwala, J.) in the case of Dashrathsinh Ramjubhai Gohil vs. State of Gujarat, 2011 1 GLH 795.

(2.) The case made out by the petitioner in the Special Civil Application giving rise to this Reference can be summed up thus:-

(3.) As pointed out earlier, a Division Bench of this Court while entertaining the Special Civil Application was of the view that there was no illegality in the impugned notification and declaration of election-programme, but as the above view proposed to be adopted was in conflict with the view taken by an earlier Division Bench of this Court in the case of Dashrathsinh Ramjubhai Gohil , Their Lordships were of the opinion that the matter should be referred to a Bench of three Judges in terms of Rule 5(2) of the Gujarat High Court Rules and consequently, the matter has been placed before this Bench by the order of the Chief Justice. The view adopted by the referring bench as it appears from paragraphs 8, 9 and 10 are quoted below: