(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Heard Mr.B.B.Naik, learned Senior counsel assisted by Ms.Bela Prajapati, appearing for the applicant and Ms.Jirga Jhaveri, learned Assistant Government Pleader appearing for respondent no.1.
2. Rule returnable on 19.6.2012. Learned counsel for the appellant has placed reliance on the Single Judge decision in Ajitsinh R.Jadeja v. State of Gujarat and anr. 2009(3) GLR 1866, wherein it has been held that section 37 cannot be invoked wherein term of the election body is over and show cause notice has been quashed by the learned Judge. Learned counsel for the appellant has urged that the principles laid down in the judgment apply to the facts of the case. The term of the old committee of the management is over and the new committed has come into existence. Therefore, for the past conduct, now no show cause notice cannot be given. Learned counsel for the appellant has also placed reliance on the Apex Court decision in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha and others (2010)6 SCC 113.
3. In view of the aforesaid decisions, prima facie, we find force in the arguments of the learned counsel for the appellants. Therefore, the appellant is entitled for interim order.
4. Till 19.6.2012, effect and operation of the judgment dated 7.5.2012 passed by the learned Single Judge in Special Civil Application No.4141 of 2012 and further proceedings in pursuance of the show cause notice dated 21.3.2012 at Annexure "A" to the petition shall remain stayed. Direct service is permitted.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top