A single judge bench of Justice A J Desai, in its recent order, also sought clarification from the Porbandar district administration by December 21, after the Assembly elections get over.
Voting for 182 Assembly constituencies of the state is scheduled to be held in two phases on December 13 and 17 and counting will take place on December 20, 2012.
Kandhal, in his petition filed through his advocate Ashish Dagli, had alleged that the state BJP government had taken steps to initiate the proceedings under sections 56(c ) and (d) of Bombay Police Act to extern him from four districts purely for political reasons.
"It is submitted that since the petitioner is not supporting the ruling party and as petitioner has refused to join current ruling party, the proceedings are initiated thereafter," reads the petition.
Kandhal is the eldest son of late Santokhben Jadeja and Sarman Munja, who were MLAs from Kutiyana in Porbandar district, where their son is also aspiring to contest this time.
Kandhal challenged a show cause notice issued to him on October 16, 2012 by the Porbandar District Magistrate which, while citing his alleged criminal record since 1992, sought his reply on why proceedings may not be initiated to extern him from Porbandar, Junagadh, Rajkot and Jamnagar districts for a period of two years.
"Most of the criminal cases which were cited by DM as the basis of externment are very old cases. Only one case is of 2012 and in that too proceedings have been stayed by this honourable court itself," Kandhal claimed in his petition.
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