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Gujarat Court February 2013 Judgments

Feb 04 2013

Mukundkumar Trikambhai Chauhan and Others Vs. Chief Election Commissio ...

Court: Gujarat

Decided on: Feb-04-2013

Oral Judgment: Jayant Patel, J. 1. Rule. Ms. Rupal Patel, learned counsel appears for respondents no. 1 and 3 and Mr. Rakesh Patel, learned AGP appears for respondent no.2 and waive service of Rule. 2. We have heard the matter for final disposal and the matter is finally heard with the consent of the learned counsel appearing for both the sides. 3. The short facts of the case appear to be that in February 2008, the petitioners came to be elected as Councillors of Balasinor Municipality (hereinafter referred to as the Municipality) as members of Congress party. On 23.02.2010, the petitioners were disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 (hereinafter referred to as Anti Defection Act for the sake of convenience). On 27.04.2010, petitioners once again contested the byelection for the very municipality in capacity as the member of Bahujan Samaj Party and he was declared elected. On 23.01.2013, in the ensuing regul...

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Feb 01 2013

N.S. Dafda Vs. State of Guajrat and Another

Court: Gujarat

Decided on: Feb-01-2013

Oral Judgment: 1. Heard Mr. N.K. Majmudar, learned Advocate for the petitioner and Mr. Rasesh Rindani, learned Assistant Government Pleader for the respondent authorities. 2. Petitioner wanted his date of birth be changed from 08.07.1949 to 15.07.1952 which was denied by the Government, which is under challenge in this petition. Learned Advocate for the petitioner submitted that the petitioner had joined the service as Medical Officer on 12.09.1978 and at the time of entering in service, the date of birth was entered in the service record as 08.07.1949, since the same was reflected in the school leaving certificate. It is also stated that in the application form also the petitioner had indicated 08.07.1949 as his date of birth. Learned Advocate for the petitioner submitted that in the year 1994, the petitioner moved an application to the Government that the correct date of birth of the petitioner is 15.07.1952 and therefore, the same be corrected. The authorities denied the same mainly...

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