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Gujarat High Court
Shashankkumar Anilkumar Mishra vs State Election Commission, Gujarat on 9 April, 2026
NEUTRAL CITATION
C/SCA/5202/2026 JUDGMENT DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5202 of 2026
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SHASHANKKUMAR ANILKUMAR MISHRA
Versus
STATE ELECTION COMMISSION, GUJARAT & ORS.
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Appearance:
MR. A. J. YAGNIK, ADVOCATE FOR MR MEHUL B DHONDE(12928)
for the Petitioner(s) No. 1
AISHVARYA(8018) for the Respondent(s) No. 1
MS. SHRUTI DHRUVE, ADDL. GOVERNMENT PLEADER for the
Respondent(s) No. 3
MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 09/04/2026
JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The prayer in this writ petition is to direct the
respondents to include the petitioner's name in the
electoral roll of Ward No. 5 of the Vapi Municipal
Corporation for the upcoming Municipal Corporation
elections.
2. It is the case of the petitioner that his name had been
deleted from the Chharvada Assembly Constituency in
the month of December, 2025 and at the request of the
petitioner, his name was included in the said
NEUTRAL CITATION
C/SCA/5202/2026 JUDGMENT DATED: 09/04/2026
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Chharvada Assembly Constituency on 17.02.2026. It is
the case of the petitioner that despite the fact that his
name was found in the Chharvada Assembly
Constituency, while preparing the electoral roll for the
Vapi Municipal Corporation, his name was excluded. It
is his submission that once the electoral roll of the
Assembly Constituency is the basis for the preparation
of the electoral roll of the Municipal Corporation, his
name cannot be excluded.
3. On the other hand, the learned Counsel appearing for
the State Election Commission contends that even
according to the petitioner, his name had been entered
into a notified area in the electoral rolls, and since the
notified area was admittedly outside the geographical
limits of the Vapi Municipal Corporation, the exclusion
of the petitioner's name cannot be found fault with.
4. In response, the learned Counsel for the petitioner
points out that the petitioner is a resident of Block No.
E-405, Rajmoti-2, Chharvada Road, Vapi, Valsad, and
the petitioner is one of the residents of the entire area
in E-Block. He submits that as per the electoral roll
prepared for the Municipal Corporation, Ward No. 5,
the residents of Block No. E i.e., people residing on the
first, second, and third floors, were included, but his
NEUTRAL CITATION
C/SCA/5202/2026 JUDGMENT DATED: 09/04/2026
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name was excluded, though he was residing in the
fourth floor of the same block. To substantiate the
same, the learned Counsel points out the electoral list
at page - 412 of the petition and points out that people
from serial Nos. 870 to 875 were residents of the lower
floors i.e., the first, second, and third floors.
5. Learned Counsel points out that this electoral roll
relates to the residents of the Rajmoti Complex,
thereby indicating that all the residents of the Rajmoti
Complex have been included in the electoral roll.
6. Learned Counsel appearing for the State Election
Commission is unable to dispute this factual
statement.
7. In view of the fact that the entire residents of the
Rajmoti-2 Complex have been included in the electoral
roll of Ward Number 5 for the Vapi Municipal
Corporation, it is obvious that the petitioner's name
would also have to be included, more so, when his
name is admittedly in the electoral roll of the
Chharvada Assembly Constituency, which forms the
basis for preparation of the electoral roll by the
Municipal Corporation.
NEUTRAL CITATION
C/SCA/5202/2026 JUDGMENT DATED: 09/04/2026
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8. As a consequence, the writ petition is allowed. The
Respondent No.3 is directed to include the name of the
petitioner in the electoral roll in respect of Ward No.5
of the Vapi Municipal Corporation. As a necessary
consequence, the petitioner shall also be entitled to file
his nomination, if he so desires for the forthcoming
elections. Direct service is permitted, today.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
Mehul Desai
