Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 421

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Mohmed Javid Abdulmutlib Pirzada – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 18140 of 2021
Decided On : 12-04-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr Bharat T Rao
For the Respondent:Mr BS Patel, Senior Advocate with Mr Ishan Joshi, AGP, Mr Jay B Trivedi

The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an election petition under Rule 28 of the Rules, 1965.

Headnote:
Election - Inclusion of Names in Voters' List - Gujarat Agricultural Produce Market Rules, 1965 - Rule 8(1)(a) - Rule 28 - The court declined to interfere with the decision to cancel the names of the writ-applicants from the voters' list, directing them to seek remedy under Rule 28 of the Rules, 1965. The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an election petition under Rule 28.
Fact of the Case:

The writ-applicants, agriculturalists and members of a cooperative society, sought relief against the deletion of their names from the voters' list for the election of Agriculture Produce Market Committee, Vankaner. The respondent no.4 raised objections to their inclusion, leading to the impugned order deleting their names from the final voters' list.
Finding of the Court:

The court declined to interfere with the decision to cancel the names of the writ-applicants from the voters' list, directing them to seek remedy under Rule 28 of the Rules, 1965. The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an election petition under Rule 28.
Issues: The primary issue was the deletion of the writ-applicants' names from the voters' list for the election of Agriculture Produce Market Committee, Vankaner, based on objections raised by respondent no.4.
Ratio Decidendi: The court held that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an election petition under Rule 28 of the Rules, 1965.
Final Decision: The court rejected the writ application and vacated the interim relief, directing the writ-applicants to seek remedy under Rule 28 of the Rules, 1965.

ORDER :

1. The present writ application has been filed under Article 226 of the Constitution of India seeking the following prayers:-

“(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the order dated 27.11.2021 passed by Authorised Officer ordering to delete the names of petitioners from the final voter list of agriculturists' constituency for the election of APMC, Vankaner and further be pleased to direct the Authorised Officer to republish final voter list of agriculturists' constituency after including names of petitioners for the reasons stated in the Memo of Petition and in the interest of justice;

(B) Pending admission, hearing and final disposal of the above Special Civil Application to stay the execution, implementation and operation of the order dated 27.11.2021 passed by Authorised Officer ordering to delete the names of petitioners from the final voter list of agriculturists’ constituency for the election of APMC, Vankaner and further be pleased to direct the Authorised Officer to continue the names of petitioners in the final voter list for agriculturists’ constituency for the reasons stated in the Memo of Petition and in the interest of justice;

(D) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(E) To award the cost of this petition.”

2. The writ-applicants herein are aggrieved by the impugned order dated 27.11.2021 passed by the respondent no.3 Authorised Officer deleting the name of the writ-applicants from voters’ list of agriculturist constituency, Vankaner, which reads thus :-

“2) It appears clear from the letter dated 17/11/2021 of the society that the society has completed the election procedure and formed a new managing committee. Therefore, new managing committee has been formed instead of managing committee of Sr. No.66 to 81 of the Voter’s list re-published referred at Sr.(6) above. Therefore, as per the provisions of Sr.(1) above, no other names except of the names of existing managing committee of the society can be kept continue. As per the provision of Sr.(7) above, members of the former managing committee of Shree Kishan Seva Sahakari Mandali Limited, At: Panchasiya, Taluka: Wankaner, District: Morbi have lost their eligibility to remain continue in the voter’s list.

3) An information should be given to the authorized officer as per Rule-7(1) of the Gujarat Agricultural Produce Market Rules, 1965 to include new names as per new managing committee of Shree Kishan Seva Sahakari Mandali Limited, At: Panchasiya, Taluka: Wankaner, District: Morbi. The election program has been published vide notification referred at Sr.(3) above. Moreover, the voter’s list has been re-published as per Sr. (6) referred above. Last date for the objections/suggestions against the voter’s list republished as per notification of the market committee election was 24/11/2021. The said Shree Kishan Seva Sahakari Mandali Limited, At: Panchasiya, Taluka: Wankaner, District: Morbi has not produced the list of the new managing committee of the society till the said date also.

4) Thus, it appears clear from the above that new managing committee has come into existence against managing committee of Sr. No.66 to 81 of the Voter’s list referred at Sr.(6) above of Shree Kishan Seva Sahakari Mandali Limited, At: Panchasiya, Taluka: Wankaner, District: Morbi. Therefore, as it does not appear proper to keep the names published in the voter’s list continue as per the list of the former managing committee, I pass following order.

:: Order : :

Considering the objection raised with the above mentioned detail with respect to the general election of the Agricultural Produce Market Committee, Wankaner, I, the authorized officer, pass an order under the power conferred upon me vide Rules – 8 of the Gujarat Agricul

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2022 Supreme(Guj) 421

IN THE HIGH COURT OF GUJARAT AT AHMEDABADVaibhavi D. Nanavati, J.Mohmed Javid Abdulmutlib Pirzada – PetitionerVersusState Of Gujarat – RespondentR/Special Civil Application No. 18140 of 2021Decided On : 12-04-2022

The court emphasized that the inclusion or exclusion of names in the voters' list does not warrant interference under Article 226 of the Constitution of India and should be addressed through an election petition under Rule 28 of the Rules, 1965.

Cases Referred (6)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J.
Mohmed Javid Abdulmutlib Pirzada – Petitioner
Versus
State Of Gujarat – Respondent
R/Special Civil Application No. 18140 of 2021
Decided On : 12-04-2022