(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Even as Senior Advocate Mr. Mihir Joshi, appearing for the petitioners, pressed the prayer for interim relief, it was evident from the election program that major steps towards completing the election program have already been taken and the date for voting is fixed on 23.9.2012. Therefore, it would not be proper to interfere with the election process at this stage or grant any interim relief which would interfere with the process of election which is admittedly underway according to the election program and some of the candidates are already declared to be elected without contest.
It was, however, vehemently argued that the whole election is liable to be set aside in view of the obvious illegality as alleged in the petition and in view of the initial order dated 7.9.2012 herein, the actions taken by the authority are subject to further or final orders and hence the petition was required to be heard for final disposal. Accordingly, the petition is admitted. Notice is waived on behalf of the respondents by learned counsel and learned A.G.P., appearing for them, and the election being subject to further orders of this Court, by consent, it is ordered to be listed for final hearing on 1.10.2012.
(D.H.WAGHELA,J.) (Z.K.SAIYED, J.) sas