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High Court of Gujarat

MODAJ DOOH UTPADAK SAHKARI MADALI LTD.versusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The Court disposed of the petition as infructuous, permitting its withdrawal without examining the merits.

Summary

The petitioner, Modaj Dooh Utpadak Sahkari Madali Ltd., filed a special civil application seeking to withdraw the petition because the election tribunal, initially unavailable, has now been constituted. The petitioner requested that the tribunal hear the election petition originally intended to be filed here. The Court noted the agreement between counsel that the petition was filed as a provisional measure and, with the tribunal now functional, allowed the withdrawal. It disposed of the petition as infructuous without examining its merits and clarified that no time limit was imposed by the Court. The parties were directed to cooperate with the tribunal proceedings, and no costs were awarded.

Issues considered

  • Whether the special civil application can be withdrawn on the ground that the election tribunal is now available to hear the election petition.

Subjects

  • withdrawal of petition
  • infructuous petition
  • election tribunal
  • jurisdiction
  • procedural order

Judgment

     C/SCA/1565/2026                                ORDER DATED: 17/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1565 of 2026

==========================================================
              MODAJ DOOH UTPADAK SAHKARI MADALI 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


1.    There is an agreement between the learned Advocate
Mr.Baiju Joshi and learned advocate Mr.Archit Jani that when
the present petition was preferred, the petitioner had already
approached the Tribunal by way of an election petition.
However, as the Tribunal was not available at the relevant
point of time, the present petition came to be preferred. In the
interregnum, the Tribunal has been constituted and is now
available      and     functioning.    Hence,     the   petitioner        seeks
permission to withdraw the present petition, with a request to
the Tribunal to hear and decide the election petition preferred
by the petitioner as expeditiously as possible.




                                  Page 1 of 2
                C/SCA/1565/2026                                                                  ORDER DATED: 17/08/2026




       2.         Accordingly, the present petition is disposed of in view of
       the        aforesaid.               As        the        Tribunal              is      now           available              and
       functioning, the election petition preferred by the petitioner
       may be decided by the Tribunal as expeditiously as possible.


       3.         It is, however, clarified that this Court has not examined
       the merits of the matter and no outer time limit is prescribed
       by this Court. The learned Advocates appearing for the
       respective parties assure the Court that they shall cooperate in
       the proceedings before the Tribunal.


       4.         The present petition stands disposed of as having become
       infructuous at this stage. Notice is discharged. No order as to
       costs. Direct service is permitted.



                                                                                                     (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 17:31:36




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