J.B.PARDIWALA, ILESH J.VORA
DINESHBHAI CHHAGANBHAI GAMIT – Appellant
Versus
GUJARAT STATE ELECTION COMMISSION – Respondent
JUDGMENT :
J.B.PARDIWALA, J.
1. Since the issues raised in all the captioned writ-applications are the same, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
2. In all the captioned writ-applications, the common grievance that has been voiced is with regard to the rotation of the reserved seats for the forthcoming panchayat elections in the State of Gujarat. In other words, the grievance voiced is that the State Election Commission has failed to follow the Gujarat Taluka and District Panchayats Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994, more particularly, the (Amendment) Rules, 2015.
3. For the sake of convenience, the Special Civil Application No.1429 of 2021 is treated as the lead matter.
4. By this writ-application under Article 226 of the Constitution of India, the writ-applicant, a resident of village Hindala, Taluka Songadh, District Tapi, and a member of Scheduled Tribe, desirous of contesting in the forthcoming Tapi District Panchayat elections, has prayed for the following reliefs :
Meghraj Kothari v. Delimitation Commission & Ors. [(1967) 1 SCR 400]
Thakore Shanabhai Gedalbhai vs. State Election Commission and others
Dr. K.Krishna Murthy and others vs. Union of India and another
Kesavananda Bharathi vs. State of Kerala
Smt. Indira Nehru Gandhi vs. Raj Narain
Ismail Noormohmad Mehta and others vs. State of Gujarat and others
Election Commission of India through Secretary vs. Ashok Kumar
Minerva Mills Ltd. vs. Union of India
His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala and Anr. (1973) 4 SCC 225
Minerva Mills Ltd. and Ors. v. Union of India and Ors. (1980) 3 SCC 625.
L. Chandra Kumar v. Union of India and Ors. (1997) 3 SCC 261
I.R. Coelho (dead) by Lrs. v. State of Tamil Nadu (2007) 2 SCC 1
N.P. Ponnuswami vs. Returning Officer
The State of Madras vs. V.G. Row – AIR 1952 SC 196
Meghraj Kothari vs. Delimitation Commission
Lakshmi Charan Sen vs. A.K.M. Hassan Uzzaman
Kihota Hollohon vs. Zachilhu – AIR 1993 SC 412
Ramesh Dutta and others vs. State Election Commission and others
UOI v. Cynamide India Limited (1987) 2 SCC 720
Shri Sitaram Sugar Co. Ltd. v. UOI (1990) 3 SCC 223 (at page 246)
Harnek Singh vs. Charan Singh and others
Anugrah Narain Singh and another vs. State of U.P. and others
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