Gitaba Padamsinh Chauhan vs State Of Gujarat
2026 Latest Caselaw 2122 Guj

Gujarat High Court

Gitaba Padamsinh Chauhan vs State Of Gujarat on 9 April, 2026

                                                                                                                   NEUTRAL CITATION




                           C/SCA/5210/2026                                        JUDGMENT DATED: 09/04/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 5210 of 2026
                      ==========================================================
                                                 GITABA PADAMSINH CHAUHAN
                                                           Versus
                                                  STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      HARSH K RAVAL(9068) for the Petitioner(s) No. 1
                      MR RUTVIJ S OZA(5594) for the Petitioner(s) No. 1
                      AISHVARYA(8018) for the Respondent(s) No. 2
                      MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 1,3
                      ==========================================================
                         CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
                               and
                               HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                           Date : 09/04/2026

                                            ORAL JUDGMENT

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

1. The prayer in this petition is to quash the endorsement by which the authorities have directed the petitioner to get his name deleted in the earlier electoral roll of Daskroi and thereafter make an application for inclusion of his name in the electoral of Malpur Taluka Panchayat/ Aravalli District Panchayat.

2. It is the case of the petitioner that his name was included in the Daskroi Assembly Constituency and on his request, it was transferred to Bayad Assembly Constituency on 17.3.2026.

3. It is the contention of the petitioner that as a result of this, he has a right to be included in the voter list

NEUTRAL CITATION

C/SCA/5210/2026 JUDGMENT DATED: 09/04/2026

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relating to Malpur Taluka Panchayat/ Aravalli District Panchayat.

4. It is not in dispute that the petitioner resides within the Malpur Taluka Panchayat/ Aravalli District Panchayat, but as a consequence of his name being included in the Bayad Assembly Constituency and as a further consequence of his name appearing in the Municipal Corporation electoral roll, he would be ineligible to participate in the Malpur Taluka Panchayat/ Aravalli District Panchayat.

5. Learned counsel for the petitioner submits that in view of the fact that the petitioner wishes to exercise his franchise in Malpur Taluka Panchayat/ Aravalli District Panchaya, he is undertaking that he will not participate in the election process of Ahmedabad Municipal Corporation and he will not cast his vote in the elections to the Ahmedabad Municipal Corporation. He also undertakes that he will make an application for deletion his name in the said electoral roll of Ahmedabad Municipal Corporation and he may be permitted to participate in the election process by directing the respondents to include his name in the Malpur Taluka Panchayat/ Aravalli District Panchayat.

6. In view of the fact that the petitioner does reside in Malpur Taluka Panchayat/ Aravalli District Panchayat and

NEUTRAL CITATION

C/SCA/5210/2026 JUDGMENT DATED: 09/04/2026

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has given an undertaking before us that he will not exercise his right to be a part of the election process in Ahmedabad Municipal Corporation, we deem it appropriate to direct the respondents to include the name of the petitioner in Malpur Taluka Panchayat/ Aravalli District Panchayat and permit him to participate in the election process for the upcoming election in the said Taluka Panchayat and District Panchayat.

7. The petitioner shall also furnish the proof of his application being filed to seek deletion of his name from Ahmedabad Municipal Corporation to the respondents within a period of FOUR WEEKS from today.

8. The petition stands DISPOSED OF accordingly.

Sd/-

(N.S.SANJAY GOWDA,J)

Sd/-

(J. L. ODEDRA, J) OMKAR