[1.0] Present Special Civil Application under Article 226 of the Constitution of India has been preferred by the petitioners herein claiming to be the voters at the election of the Bar Council of Gujarat held on 11.05.2012 for an appropriate writ, order or direction quashing and setting aside the impugned order/communication dated 13.05.2012 passed by respondent No.2 herein - Returning Officer, whereby the application made by the petitioners for re-polling of election of Bar Council of Gujarat from Booth No.134 of Ankleshwar is refused and thereafter to direct the concerned respondents to order re-polling of Booth No.134 of Ankleshwar, in the presence of some responsible officer that may be appointed by this Court.
[2.0] Shri Mihir Thakore, learned Senior Advocate appearing with Shri B.M. Mangukiya, learned advocate appearing on behalf of the petitioners has stated at the Bar that at this stage the petitioners would be satisfied if respondent No.2 - Returning Officer himself considers the electoral roll so as to satisfy himself whether any irregularity has been committed in voting at Booth No.134 of Ankleshwar or not. It is submitted that if the Returning Officer is thereafter of the opinion that there is some irregularity, he may pass appropriate order and/or take appropriate action. It is submitted that if thereafter the petitioners are still dissatisfied then the liberty be reserved in favour of the petitioners to file the election petition challenging the result.
[3.0] Shri H.M. Parikh - respondent No.2 is personally present in the Court who was requested to appear in the facts and circumstances of the case and he was gracious enough to appear in the Court and has submitted that as such the present petition under Article 226 of the Constitution of India is not required to be entertained and as such if at all the petitioners are aggrieved, they shall file election petition. He submitted that still he himself will consider and go through the entire electoral roll of Booth No.134 of Ankleshwar for satisfying himself whether there is any irregularity and/or illegality committed in casting votes at Booth No.134 of Ankleshwar or not. It is submitted that if at all on considering the electoral roll, it is found by him that there is any irregularity and/or illegality committed in casting votes at Booth No.134 of Ankleshwar, he himself will review the earlier decision and take appropriate decision in accordance with law and on merits. It is submitted that the aforesaid shall be done at the time of opening the ballot box of Booth No.134 of Ankleshwar.
[4.0] In view of the above, without further expressing anything whether the present Special Civil Application is maintainable or not, present Special Civil Application is disposed of and let respondent No.2 - the Returning Officer considers/go through the electoral roll of Booth No.134 of Ankleshwar at the time of opening of the same, if it is not opened so far, and before the said votes are mixed up with other votes, and if at all it is found by him that there is some irregularity and/or illegality at Booth No.134 of Ankleshwar in casting votes, he may re-consider his earlier decision in accordance with law and on merits. It is observed that if at all thereafter the petitioners are still aggrieved, it will always be open for them to file election petition which can be considered in accordance with law and on merits.
[5.0] With this, present Special Civil Application is disposed of.
(M.R.
Shah, J.) menon Top