Heard petitioner in person.
The petitioner is aggrieved on account of rejection of his form, which he had filed for contesting election to the post of Senate member in respondent-Sardar Patel University. The petitioner has invited this court's attention to Annexure - A i.e communication dated 3.2.2012, wherein, it is mentioned that the petitioner committed an error in making tick-mark, which indicated it was wrong tick-mark and which amounted to change the entire status of the petitioner.
This court has perused the xerox copy of the form of the petitioner, which petitioner has produced at Page-14 - Annexure - C, and it appears that the tick-mark made by the petitioner, prima-facie appears to be correct as in the column No. (iii), it is mentioned that "I further declare that I am not a 'teacher' or 'secondary teacher' as defined in Statutes 158, 159, 160, 161 and 162". Now the petitioner has stated that he is admittedly not holding any of the status and therefore, he has rightly put tick-mark, which is 'x' despite that communication addressed to him indicate something contrary.
In my view, the notice is required to be issued immediately and it is also made returnable by 10.02.2012. Direct service permitted today as the election is slatted on 14.02.2012. Notice be processed immediately and petitioner be handed over the same today itself.
(S.R.BRAHMBHATT, J.) pallav Top