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ARAVIND KUMAR, ASHUTOSH SHASTRI
MANAJI AMRAJI THAKORE – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
ASHUTOSH SHASTRI, J.
1. By way of present Letters Patent Appeal under Clause 15 of the Letters Patent, the appellants-original petitioners have challenged the validity of an order passed by the learned Single Judge dated 16.07.2019 in Special Civil Application No. 19229 of 2018 whereby petition came to be dismissed and interim relief, granted earlier, came to be vacated forthwith.
2. The background of the facts, which has given rise to filing of present Letters Patent Appeal is that appellants-original petitioners state that Market Committee is duly constituted and the committee of it is consisting of eight agriculturists, four traders, two representatives of the marketing co-operative societies and three nominees, which includes one nominee of local self Government within which jurisdiction the principal market is situated and two other nominees of the State and the total number of Market Committee is consisting of 17 members. The term of Market Committee was expiring, as a result of which, the respondent No. 2 - Director declared the election programme in which the date of voting was fixed as 06.09.2018 and the counting of votes was fixed on 07.09.2018. According to appel
The court emphasized the importance of unanimous consensus in the rejection of ballots and upheld the authority's decision to count the rejected votes, considering the absence of specific rules for r....
The main legal point established in the judgment is that the appellants have an alternative remedy available under Rule 28 of the APMC Rules, and therefore, the petition under extraordinary jurisdict....
The court affirmed that recounting of votes is justified when evidence suggests irregularities in the election process, validating the necessity of thorough examination of all ballots.
The court emphasized the importance of timely objections in the election process and upheld the validity of the election result based on the clear intention of the voters and the method of draw of lo....
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
Election petitions must demonstrate a prima facie case of irregularities for recounting of votes; non-framing of issues does not invalidate proceedings if parties understand the disputes.
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