(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Shalin Mehta, learned senior counsel, assisted by learned counsel Mr. Narendra Jain for the petitioner and Mr. Niraj Ashar, learned Assistant Government Pleader appearing for respondent No. 1 and Mr. S. N. Shelat, learned senior counsel, assisted by Ms. V. D. Nanavati for newly added respondent No. 2. This petition has been filed praying that the statutory appeal filed by the petitioner under Section 58 of the Gujarat University Act, 1949 be decided. On 21/08/2012, Notice was issued to respondent No. 1 only, as respondent No. 2 was deleted. Inspite of sufficient time having elapsed, the appeal of the petitioner has not been decided. Mr. Mehta, learned senior counsel for the petitioner has placed before us a copy of order dated 12/09/2012, passed by the State Government, by which an interim order has been passed by the State Government holding that there is some irregularity in the elections as the petitioner's nomination was wrongly kept in abeyance. The order dated 12/09/2012 is taken on record. The grievance of the petitioner is that if the appeal of the petitioner is not decided prior to 30/09/2012, then, election of Executive Council of the university would be held as per direction of this Court given in Special Civil Application No. 10780 of 2012 dated 23/08/2012 in Narhari H. Amin, the Court Member and Member of the Executive Council and Others Vs. Gujarat University and Others, wherein a direction has been issued that the election of the Executive Council of the Gujarat University shall be held preferably before the end of September 2012 and according to the counsel for the petitioner, the election programme has been notified and last date of filing the nomination is 20/09/2012 and the election is scheduled on 30/09/2012. He further informs that the State Government has fixed 09/10/2012 for hearing the appeal. He has urged that if the appeal is decided after election, after 30/09/2012, then he will not be able to participate in the election of Executive Council. The judgment in Special Civil Application No. 10780 of 2012 is taken on record.
2. In the circumstances, we direct the Gujarat university to provisionally accept the nomination form of the petitioner by 20/09/2012, which shall be subject to petition of the State Government, taken in appeal filed by the petitioner. The State Government is directed to prepone the hearing of the appeal and hear the same on 24/09/2012, pronounce the judgment and give a copy of the judgment to the parties on or before 27/09/2012. With the aforesaid direction, this petition stands finally disposed of. Direct service is permitted.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren