Kiritsinh Jambha Rana vs Harpalsinh Ghanshyamsinh Rana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 1250

UMESH A. TRIVEDI, SAMIR J. DAVE
Kiritsinh Jambha Rana – Appellant
Versus
Harpalsinh Ghanshyamsinh Rana – Respondent

Advocates Appeared:
For the Petitioner: Mr Kirtidev R. Dave, Mr Rahul K Dave.
For the Respondent: Mr A.B. Gateshaniya.

JUDGMENT :

(Umesh A. Trivedi, J.)

[1] This Petition, under Articles 226 and 227 of the Constitution of India, is filed by the petitioner herein, who was respondent in the Election Petition No.1 of 2022, challenging the decision dated 06.02.2023 rendered by Principal Civil Judge, Lakhtar, whereby he allowed the same directing to cancel two votes cast by Manharsinh Nagubha Rana, Voter No.40 of Ward No.4 and Khumansinh Nagubha Zala, Voter No.64 of Ward No.6, on the ground that though they were issued postal ballot papers and in view of Rule 25 of the Gujarat Panchayat Election Rules 1994 (for short “the Rules”), they were prohibited to vote in any other manner except postal ballot, they have cast their vote at the polling station and thereafter cancelling those votes as identified by counterfoil Nos.00294 and 00311, votes received through postal ballot as also found from the ballot boxes, recounted and thereafter result be declared.

[2] The petitioner is the original respondent who was declared elected Sarpanch of Modhvana Gram Panchayat by the Returning Officer, as on counting of votes, both the candidates i.e. petitioner as also respondent herein, found to have obtained equal votes,