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Ishwarbhai Narsengbhai Parmar vs State Election Commission & Ors

Gujarat High Court · Decided on 1 April 2026 · Citation: (2026) 04 GUJ CK 0157

HON’BLE JUDGES
N.S.Sanjay Gowda, J · J. L. Odedra, J
ACTS & SECTIONS REFERRED
Gujarat Taluka And District Panchayats (Delimitation Of Electoral Divisions) Rules, 2010 — Rule 5
RESULT
Dismissed
CASE NUMBER
R/Special Civil Application No. 4655 Of 2026
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Judgment

7 paragraphs · 294 words

N.S.Sanjay Gowda, J

1.

In this writ petition, the petitioner calls in question the decision of the authorities allotting the reservation to of the election of the members of the District Panchayat, Vav-Tharad.

2.

It is not in dispute that as required under Rule 5 of the Gujarat Taluka and District Panchayats (Delimitation of Electoral Divisions) Rules, 2010, the State Election Commission before finalizing the proposed delimitation of Electoral Divisions of Taluka and District Panchayats and allocation of seats reserved for Scheduled Castes, Scheduled Tribes, Backward Classes and Women did invite suggestions from the general public and also consulted the political parties recognized under the Representation of People Act.

3.

Learned counsel for the State Election Commission points out that the petitioner however did not choose to give any suggestions when the draft notification was published on 25.2.2026 and hence, he would be precluded from challenging the final notification issued on 9.3.2026.

4.

Learned counsel for the petitioner, however, submitted that though in earlier draft notifications 25.2.2026, in which for the village of Vav and Tadav to which the petitioner has been concerned, the seat had been reserved for Scheduled Caste and Scheduled Caste woman respectively. He submitted that since the earlier notification provided for reservation for SC and SC woman, he did not raise any queries.

5.

This argument would, therefore, indicate that the petitioner herein did not have any qualms regarding the draft notification dated 25.2.2026 and was satisfied about the reservation being allocated to the Scheduled Caste woman.

6.

In our view, since the petitioner did not raise any objection or submitted any suggestions, he is precluded from challenging the final notification issued thereafter, whereby reservation allotted to the Scheduled Caste woman has been confirmed. We therefore, DISMISS the writ petition.