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NEUTRAL CITATION

C/SCA/5056/2026 JUDGMENT DATED: 07/04/2026

0.8494295195005509

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 5056 of 2026 ==========================================================

JAYESH BATUKBHAI PATEL(VANANI)

Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR. KIRTAN H MISTRY(10012) for the Petitioner(s) No. 1 AISHVARYA(8018) for the Respondent(s) No. 2

G H VIRK(7392) for the Respondent(s) No. 3 MS VAISHNAVI VERMA, AGP for Respondent No.1

MR. SAHIL M SHAH(6318) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and

HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 07/04/2026

JUDGMENT

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. The petitioner seeks to challenge an endorsement dated 4.4.2026 by which the Electoral Officer has refused

to include his name in the electoral roll.

2. These facts are not in dispute:-

(1) The petitioner's name was included in the electoral roll of the Legislative Assembly Constituency in the year 2021. However, since he had shifted his residence, his name came to be deleted during the course of the Special Intensive Revision (SIR) of the electoral rolls of the

Legislative Assembly.

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NEUTRAL CITATION

C/SCA/5056/2026 JUDGMENT DATED: 07/04/2026

0.8494295195005509

(2) The petitioner made an application to include his name on 8.2.2026.

(3) On 17.2.2026, the Chief Electoral Officer, pursuant to a Special Intensive Revision (SIR) of the electoral rolls of the Legislative Assembly, published an electoral roll in which the name of the petitioner was not found. This was obviously because the petitioner was not available when the enumerating officer visited his residence and he had

already shifted his residence.

(4) On 3.3.2026, the application filed by the petitioner for inclusion of his name in the electoral roll in the Legislative Assembly was accepted by the Electoral Registration Officer under the authority empowered

under the RP Act, 1950.

(5) Thus, as on 3.3.2026, the name of the petitioner was ordered to be included in the electoral roll of the

Legislative Assembly Constituency.

(6) It is pertinent to state here that though this application has been accepted, the final electoral list is yet to be published and is stated to be published on

10.4.2026.

(7) On 23.3.2026, as required under Rule 4 of the

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NEUTRAL CITATION

C/SCA/5056/2026 JUDGMENT DATED: 07/04/2026

0.8494295195005509

Bombay Provincial Municipal Corporation (Registration of Electoral Votes) Rules, 1994 (“the Rules, 1994” for short), the basis for preparation of this preliminary list was the

electoral roll of the Legislative Assembly Constituency.

(8) As noticed above, though the application of the petitioner to include his name had been accepted, as a matter of fact, his name was not found in the list of voters which was published by the Election Commission of India

on 17.2.2026.

(9) Consequently, the authority under the Rules, 1994 did not include the name of the petitioner nor could they have included the name of the petitioner since Rule 4 of the Rules, 1994 clearly stated that the basis for the electoral roll would be the electoral roll of the Assembly

Constituency.

(10) The petitioner, thereafter, pursued the officer under the Rules, 1994 to incorporate his name since his request to be included in the Assembly Constituency electoral roll

had been accepted by the concerned officer on 3.3.2026.

(11) However, the authority under the Rules, 1994 has refused to incorporate his name by placing reliance on sub-Rule (4) of Rule 6 of the Rules, 1994. As a consequence, the petitioner is before this Court

challenging the endorsement.

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