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High Court of Gujarat

GHORAVADA DOODH UTPADAK SAHKARI MANDALI LTD.versusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition is held to be infructuous and is disposed.

Summary

Ghoravada Doodh UtpadaK Sahkari Mandali Ltd. filed a Special Civil Application before the High Court of Gujarat seeking relief against the State of Gujarat and others. During the proceedings, the underlying election petition before the Tribunal was withdrawn by the petitioner. The petitioner’s counsel submitted that the withdrawal rendered the present application infructuous. The Court examined the effect of the withdrawal and held that a petition dependent on a withdrawn election petition cannot continue. Consequently, the Court disposed of the application as infructuous, without addressing any substantive merits.

Issues considered

  • Whether the Special Civil Application becomes infructuous upon withdrawal of the underlying election petition before the Tribunal

Subjects

  • withdrawal
  • infructuous
  • election petition
  • special civil application
  • disposal

Judgment

          C/SCA/1487/2026                                                                  ORDER DATED: 17/08/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO. 1487 of 2026

 ==========================================================
               GHORAVADA DOODH UTPADAK SAHKARI MANDALI LTD.
                                  Versus
                         STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance:
 MR BAIJU JOSHI(1207) for the Petitioner(s) No. 1
 MR. BABUBHAI M PATEL(17679) for the Petitioner(s) No. 1
 G.H. VIRK,G.P. WITH LEARNED AGP DHARITRI PANCHOLI AND AGP
 SHAUNAK VYAS for the Respondent(s) No. 1,2
 MR. ARCHIT P JANI(7304) for the Respondent(s) No. 4
 MR. CHINMAY S. UPADHYAY(13886) for the Respondent(s) No. 3
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                    Date : 17/08/2026

                                                            ORDER


             Learned Advocate Mr. Baiju Joshi, under instructions,
 states that, in view of the withdrawal of the election petition
 before            the        Tribunal,               the         present            petition             has         become
 infructuous.
             In view of the aforesaid statement, the present petition
 stands disposed of as having become infructuous.



                                                                                                (NIRZAR S. DESAI,J)
 BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 17/08/2026 17:33:08


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