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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Shakti Traders through Prop. Pratapsinh Himmatsinh Mahida – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioners' claims of eligibility (Para 3 , 4) |
| 2. court's review of evidence (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's ruling on eligibility (Para 16 , 17) |
| 4. petitions dismissed (Para 18 , 19 , 20) |
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 That the petitioners are traders and possess the requisite license for the present year as well as three years preceding the year of
Eligibility for inclusion in the voters' list requires payment of market fees for the current year; failure to comply results in exclusion.
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.
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.
The exclusion or inclusion of names in the voters' list does not warrant interference by the Court under Article 226 of the Constitution of India. The writ-applicant was relegate to avail statutory r....
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 ....
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....
Voting rights are statutory and must adhere to legal provisions, requiring proper notice and opportunity before deletion from voters list.
The court emphasized that interference at an intermediate stage of the election process should be limited and that issues and controversies should be settled through a properly instituted election pe....
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