SCA/45/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 45 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= JETPAR JUTH SEVA SAHAKARI MANDALI LTD. - Petitioner(s) Versus STATE OF GUJARAT & 6 - Respondent(s) ========================================================= Appearance : MR PS CHAMPANERI for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 – 7. MS TRUSHA PATEL, AGP FOR RSPONDENT NO.1 ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/04/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for challenging the legality and validity of the SCA/45/2001 2/3 JUDGMENT order passed by the learned Nominee, a copy whereof is produced at Annxure B, below application Ex.4 and its confirmation thereof by the Tribunal in revision, whereby it was directed to hold election afresh and the defendants be permitted to participate in the election. 2. This Court on 15.4.2002, in the present petition, had passed the following order:- “1. In spite of the notice duly served to the respondents, nobody has appeared. The contention of the petitioner is that until the election is set aside, the order for acceptance of nomination form could not have been passed by holding afresh election. 2. Hence, Rule. By way of interim order, the impugned order dtd. 31.7.2000 passed by the Board of Nominee below stay application Ex.4 in Lavad Case No.357 of 2000 shall remain stayed with clarification that this interim relief will not operate as bar to SCA/45/2001 3/3 JUDGMENT the society for holding fresh election which would become due in its normal course as per the by-laws.” 3. It further appears from the election programme that the same was pertaining to the year 2000-01 and, therefore, as per the bye-laws, the term of the elected body so elected at the election is over by afflux of time, in any case, at the end of the year 2000-01. Further, the fresh election has not been stayed by this Court. 4. Under these circumstances, as the period of the election is over by afflux of time, the present petition has become infructuous. Subject to the aforesaid observations, Rule discharged. I.R. vacated. No order as to costs. 25.4.2008 (Jayant Patel, J.) vinod