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.

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 mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the order dated 10.6.2025 (Annexure-G) passed by Election Officer, Bantai Gram Panchayat and Deputy Mamlatdar, A.T.V.T. Detroj- Rampura rejecting nomination paper of petitioner for the post of Sarpanch, Bantai Gram Panchayat for the reasons stated in the memo of appeal, in the interest of justice;”

BRIEF FACTS

5. The respondent No.1-State Election Commission of Gujarat has declared the Election Program for the general / mid-term / bi-election of various Gram Panchayats of the State of Gujarat on 28.05.2025 and accordingly, the petitioner, who is a resident of Bantai, Taluka Detroj - Rampura, District Ahmedabad, also filled a Nomination Form for contesting the election for the post of Sarpanch, Bantai Gram Panchayat on 09.06.2025.

6. The respondent No.1 was appointed as a District Election Officer and Returning Officer under Rule 4A of the Gujarat Panchayat Election Rules, 1994 (for short “the Election Rules”).

7. The petitioner deposited Rs.1,000/- being an amount of deposit under Rule 13(1) of the Election Rules on 09.06.2025 and accordingly, produced a receipt before the respondent No.2. On submitting the Nomination Form, the petitioner has been issued a notice by the respondent No.2 on 09.06.2025 that the scrutiny of the nomination paper of the election will be undertaken on 10.06.2025 in the Mamlatdar office.

8. As per the provisions of Rule 12 of the Election Rules, the time for filling-up the nomination papers is 11:00 a.m. to 03:00 p.m. and under Rule 12(3) of the Election Rules, the Returning Officer / Election Officer has to verify the details furnished by the candidate in the Nomination Form and invite the attention of the candidate, if there is any mistake and permit any clerical or technical error in the nomination paper to be corrected.

9. After the petitioner filed the nomination paper under Rule 13 of the Election Rules, the scrutiny thereof was undertaken on the date fixed for the scrutiny of nomination paper under clause (b) of Rule 9(2) of the Election Rules. The nomination paper of the petitioner was examined by the respondent No.2 and thereafter, by a written order, the petitioner was intimated on 10.06.2025 at 12:20 p.m. in Part-5 however, as there was no objection raised by anybody, the respondent No.2 had endorsed the nomination paper of the petitioner as accepted.

10. Today, learned advocate Mr.Rao has tendered the original acceptance of the nomination paper by the Returning Officer. A photocopy is already on record at Annexure-E.

11. Thus, it is not in dispute that the nomination paper of the petitioner was accepted by the Returning Officer on 10.06.2025. It is the case of the petitioner that she received a call at