)) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3946 of 2001 For Approval and Signature: Hon'ble MISS JUSTICE R.M.DOSHIT ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- SURESHCHANDRA N THAKAR Versus DY COLLECTOR AND ELECTION OFFICER, -------------------------------------------------------------- Appearance: MR TUSHAR MEHTA for Petitioner No. 1 MR VM PANCHOLI, AGP for Respondent No. 1 MR RA MISHRA for Respondent No. 2 RULE SERVED for Respondents No. 3-5 -------------------------------------------------------------- CORAM : MISS JUSTICE R.M.DOSHIT Date of decision: 04/10/2001 ORAL JUDGEMENT #. Heard the learned advocates. #. At the relevant time the petitioner was a Councillor of the Viramgam Municipality, the respondent no.2 herein (hereinafter referred to as 'the Municipality'). However, for certain misconducts proved against him, under order dated 11th February, 1997 made by the State Government in exercise of powers conferred under section 37 of the Gujarat Municipalities Act, 1963, the petitioner was removed from the office of the Municipal Councillor. The said order was challenged by the petitioner before this Court in Special Civil Application No.1529/1997, pending the said petition, in view of the interim order made by this Court, the petitioner continued to act as a Councillor. On expiry of the term as the Councillor, in the fresh election held in the year 2000, the petitioner offered his candidature as a Councillor. His nomination, however, was rejected on the ground that the petitioner had incurred disqualification on account of his removal from office on 11th February, 1997. Feeling aggrieved, the petitioner challenged the election of the Councillors of the Municipal Ward No.5, before the learned Assistant Judge (Ahmedabad Rural) in Election Petition No.1/2000. The said petition was dismissed by the learned Judge by his judgment and order dated 10th October, 2000. Feeling aggrieved, the petitioner has preferred the present petition. #. Admittedly, the petitioner had challenged the election for Ward No.5 of the Municipality without impleading the concerned persons as party respondents. The election petition, in absence of the concerned elected persons, shall not be maintainable. Hence, the petition is dismissed. Rule is discharged. The party shall bear their own costs. 4th October, 2001. ( Ms. R.M.Doshit, J. ) /sakkaf