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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.Supehia, R.T.Vachhani
Pushpaben Bharatbhai Solanki (Bantaya) – Appellant
Versus
State Election Commission, Gujarat – Respondent
| Table of Content |
|---|
| 1. nomination acceptance and rejection procedural rules. (Para 5 , 6 , 7 , 9 , 11) |
| 2. petitioner challenges validity of nomination rejection. (Para 13 , 14 , 15 , 16) |
| 3. respondent defends based on objections and procedure. (Para 18 , 19) |
| 4. court observes procedural discrepancies. (Para 21 , 22 , 27) |
| 5. legal errors in election officer's decision. (Para 28 , 29 , 34) |
| 6. court intervention justified due to illegal actions. (Para 30 , 36 , 37) |
| 7. writ petition allowed; order quashed, new elections directed. (Para 41 , 43) |
JUDGMENT :
A.S. SUPEHIA, J.
1. RULE. Learned advocates waive service of notice of rule for and on behalf of the respective respondents.
2. The amendment is allowed in terms of draft. Respondent No.3-Dashrathbhai Govabhai Vankar is allowed to be joined as a party respondent No.3 forthwith. Learned advocate Mr.Keshkani appears for respondent no.3 on caveat.
3. Learned advocate Ms.Aishvarya appearing for the respondent No.1 has tendered the compilation of the communications and also declaration of the result. The same are ordered to be taken on record.
4. In the present writ petition, the petitioner has prayed for the following reliefs:
“19(B) To issue a writ of ma
The rejection of a nomination paper after acceptance by the Returning Officer is arbitrary and unauthorized under election rules, which must adhere strictly to statutory mandates.
In election disputes, the Returning Officer must allow candidates to rectify nomination defects; appellate courts must not interfere post symbol allotment without subserving electoral integrity.
Election processes should not be interfered with during proceedings unless exceptional circumstances arise, preserving the integrity of democratic processes.
Election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate and has to be allowed to operate in their own way so as t....
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
The right to contest an election is a statutory right, and the challenge to the rejection of nomination papers through a writ petition is not maintainable during the election process. The remedy of f....
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