SCA/8043/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8043 of 2008 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE SHARAD D.DAVE ========================================================= 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 ? ========================================================= BACHUBHAI MOHANBHAI CHAVDA - Petitioner(s) Versus VANRAJSINH RAISINH CHAVDA & 1 - Respondent(s) ========================================================= Appearance : MR PARTHIV B SHAH for Petitioner(s) : 1, MR BHARAT JANI for Respondent(s) : 1, MS NAIR, AGP for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE SHARAD D.DAVE Date : 14/07/2008 ORAL JUDGMENT SCA/8043/2008 2/3 JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) 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. 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. 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 SCA/8043/2008 3/3 JUDGMENT 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. Rule is made absolute. Parties will bear their own costs. Registry will issue the writ forthwith. (Ms.R.M.Doshit,J) (Sharad D.Dave,J) pathan