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PIL seeking Sabarmati bypoll Thursday, July 19, 2001

By Legal Correspondent, The Times of India News Service
AHMEDABAD: Gujarat High Court has issued notices to chief secretary and chief election commissioner of Gujarat, following a public interest litigation challenging the state for not declaring by-elections to the Sabarmati assembly constituency.

The notices were issued by a division Bench comprising Chief Justice DM Dharmadhikari and Justice KR Vyas following a PIL moved by Yogesh Patel, challenging the "utmost illegal and malafide action of the state".

The petition sought an order from the court on the state government to immediately hold the by-elections to this constituency.It was submitted by the petitioner that the Sabarmati assembly constituency had fallen vacant since September 7, 2000, due to resignation of the then assembly member Yatin Oza. Since then, the people of the constituency remained 'unrepresented' in the state assembly.

According to the petitioner, the date for Sabarmati by-elections was declared in January. The elections were to be held on February 19, 2001. But due to the earthquake on January 26, 2001, the elections could not be held and thereafter the state government has not taken any action for holding the by-elections.

It was also submitted that the state government did not request the election commission to hold the by-elections because the ruling BJP suffered a huge defeat in the last elections here to the municipal corporation, district panchayat and the taluka panchayat.

The petitioner further submitted that as a result of this inaction and lethargic approach on the part of the state government, the people of the Sabarmati constituency are facing innumerable problems. At present, they do not have any person who can voice their grievances and the hardship which they are facing in absence of an elected representative, he said.

Patel also contended that in the absence of any elected representative, the Rs 25 lakh-worth developmental fund for the Sabarmati area will not be utilised.

News Source : Times Of India News Service [ Lightning News ]

 

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