SCA/3972/2024

Judgment text excerpt

NEUTRAL CITATION C/SCA/3972/2024 CAV JUDGMENT DATED: 18/06/2026 2026:GUJHC:36363-DB Reserved On : 28/04/2026 Pronounced On : 18/06/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3972 of 2024 ================================================== AYAR GITABEN DINESHBHAI Versus ELECTION COMMISSIONER & ORS. ================================================== Appearance: MS. DHARTI P RATANI(8870) for the Petitioner(s) No. 1 MS. SHRUTI DHRUVE, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3,4 ================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA CAV JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) [1] This writ petition is filed challenging the dismissal of the election petition filed by the petitioner challenging the election of 2nd respondent as the Sarpanch of the Madhutra Gram Panchayat. [2] On 19.12.2021, elections were conducted to the post of Sarpanch of Madhutra Gram Panchayat, which was reserved for a woman candidate. In the said election, a total of 2,863 votes were cast. [3] On 21.12.2021, the votes cast were counted, and after four rounds of counting, it was found that 2 nd respondent Page 1 of 14 Uploaded by () on Downloaded on : Tue Jun 30 21:18:17 IST 2026 NEUTRAL CITATION C/SCA/3972/2024 CAV JUDGMENT DATED: 18/06/2026 2026:GUJHC:36363-DB (hereinafter referred to as “the returned candidate”) had secured 1,086 votes, while the petitioner had secured 1,021 votes. [4] After the counting was completed, the results were declared and the returned candidate was declared elected. [5] The petitioner thereafter filed an election petition, as permitted under Section 31 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as