IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 587 of 2021 ==========================================================

JIVANBHAI PATHUBHAI VADI Versus STATE ELECTION COMMISSION ==========================================================

Appearance:

MR DILIP B RANA(691) for the Petitioner(s) No. 1,2 for the Respondent(s) No. 2,3 MR TRUPESH KATHIRIA, AGP (99) for the Respondent(s) No.1 ==========================================================

CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE ILESH J. VORA Date : 12/01/2021

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ-application under Article-226 of the Constitution of India, the writ-applicants – residents of Kadodara, Taluka-Palsana, District-Surat, have prayed for the following reliefs:-

6(A) be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, direction or order quashing and setting aside the impugned decision dated 21/12/2020 passed by the respondent no.2 – authority whereby the objections raised by the petitioners towards allocation of the voters and bifurcation of population in different wards is rejected.

(B) be pleased to direct the respondent authorities to maintain equality in distribution of the population and voters in different wards and to allocate the voters in the respective wards published by the authority by considering the representations dated 19.10.2020 and 16.12.2020, more particularly, bifurcation of population of ward no.6 for which the grievance is raised by the petitioners.

(C) pending the hearing and disposal of the petition, be pleased to pass mandatory interim relief directing the respondent authorities to

NEUTRAL CITATION

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objections raised by the petitioners before population of program for ensuing election of the respondent No.3 Nagarpalika.

(D) be pleased to pass such other order or orders as may be deemed just and proper in the circumstances of the case.

2. It appears from the materials on record that the writ-applicant no.1 claims to be a social worker, whereas, the writ-applicant no.2 is an employee serving with private limited company. The writ-applicants together took up the issue as regards the inclusion of the population of ward no.148 of the town of Kadodara despite the fact that the area in question is situated in ward no.6 and partially included in the ward nos.4 and 7 respectively. According to the writ-applicants, the same has not been done in accordance with the Delimitation of Wards Rules, 2015.

3. Our attention was invited to the two representations dated 19/10/2020 and 16/12/2020; Annexures-B and C respectively filed by the writ-applicants. Finally, the writ-applicants received the impugned communication in writing dated 21/12/2020 addressed by the Mamlatdar, Palsana. The true English translation of the said communication reads thus:-

Office of Mamlatdar and Executive Magistrate, Dist: Surat Phone No.02622264228 Fax No.02622-264221 E-mail: 09.mampalsana@gmail.com No.ADM/N.P.Election-20/objections-suggestions/2020 Date: 21/12/2020 To, Jivanbhai Pathubhai Vaadi, Residing at: Kadodara Nagar Congress Committee, Ta-Palsana, Dist: Surat.

Subject:-Your application dated: 19/10/2020 requesting to include the voters of block No.148 Bhagunagar in ward No.6 in the General Election-2020 of Kadodara Nagarpalika.

Reference:- Report of the Chief Officer, Kadodara Nagarpalika dated:

18/12/2020.

Sir, With reference to your application dated:19/10/2020 requesting to include the voters of block No.148 Bhagunagar in ward No.6 as there are only 1059 voters in ward No.6 in connection with the General Election-2020 of Kadodara Nagarpalika, you are informed that, as per the report of the Chief Officer, Kadodara Nagarpalika received vide letter under reference, the ward demarcation of Kadodara Nagarpalika was made before the General Election of the year-2015 and at that time, the objections-suggestions were invited in respec

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