High Court of Gujarat
MOTIPURA DOODH UTPADAK SAHKARI MANDALI LTD.versusSTATE OF GUJARAT
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- NIRZAR S DESAI
Holding
The petition is disposed of as infructuous without merits being examined, allowing the election petition to be decided by the tribunal.
Summary
The petitioner, Motipura Doodh Utpadak Sahkari Mandali Ltd., filed a special civil application seeking the withdrawal of the petition because the election tribunal, initially unavailable, had since been constituted and was functional. The petitioner requested that the tribunal hear the pending election petition expeditiously. The Court noted the agreement between counsel that the petition was rendered unnecessary and clarified that it had not examined the merits of the case. Consequently, the Court disposed of the petition as infructuous, directing that the tribunal proceed with the election petition without imposing any time limit or costs. The order emphasized cooperation of the parties in the tribunal proceedings.
Issues considered
- Whether the special civil petition can be withdrawn on the ground that the election tribunal is now available to hear the election petition.
Subjects
- withdrawal of petition
- jurisdiction
- election petition
- tribunal
- procedural order
- special civil application
Judgment
C/SCA/1640/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1640 of 2026
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MOTIPURA 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
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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.
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C/SCA/1640/2026 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 17:32:35
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