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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Kankapura Seva Sahakari Mandali Ltd. – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioners sought relief against exclusion (Para 1 , 2) |
| 2. petitioners argue against exclusion (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court discusses election process (Para 10 , 11) |
| 4. court's reasoning on exclusion (Para 12) |
| 5. court dismisses the petitions (Para 13) |
ORDER :
1. The present Special Civil Applications are filed praying for the following reliefs :-
(B) Be pleased to issue a writ of mandamus or certiorari or a writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction and be pleased to declare the order of the respondent No.2 excluding the petitioner’s name from the voters list of Trader’s constituency of the elections of A.P.M.C. Borsad, ultra-vires to provisions of sec.11(1)(ii) of the act;
(D) Pending admission and final disposal of the present petition, be pleased to direct the respondent no.2 to provisionally include the name of the petitioner in the Revised Draft voter’s list and subsequently final voters list of agriculturist’s constituency for the elections of Borsad APMC.
2. The brief facts of the petitions are as follows:-
2.2 The petitioners societies, possessing all the requisite qualifications, had its names incl
The court upheld the exclusion of petitioners from the voters list for failing to meet statutory eligibility requirements, emphasizing limited judicial intervention in ongoing election processes.
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
The court ruled that names cannot be included in the voters' list after the election declaration date, emphasizing the Authorized Officer's duty to act independently and in accordance with the law.
Point of Law - Petition under Article 226 of the Constitution of India is maintainable though alternative remedy is available, the powers are to be exercised in case of extraordinary or special circu....
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 elect....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
The main legal point established in the judgment is that a writ petition under Article 226 of the Constitution of India is maintainable if the order is ultra vires or nullity and/or ex-facie without ....
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