DARJI AJAYKUMAR DAHYABHAIversusRAJDEVSINH GHAMBHIRSINH GOHIL
- Disposal
- 26-DISMISSED @ ADM.STAGE
Holding
A petitioner who does not raise objections to a revised preliminary order is estopped from challenging the final reservation allocation, and the writ petition is dismissed.
Summary
The petitioner filed a special civil application challenging the reservation allocation made by the Election Commission in a revised preliminary order dated 12 March 2026. The petitioner had filed objections to the original preliminary order on 3 and 5 March 2026 but made no objections or suggestions to the revised order. The Election Commission argued that the petitioner is estopped from contesting the allocation. The Court referred to its earlier decision in Special Civil Application No.4101 of 2026, which held that failure to object to a preliminary order bars a challenge to the final order. Applying that precedent, the Court dismissed the writ petition, holding that the petitioner cannot challenge the reservations allocated under the revised order.
Issues considered
- Can a petitioner challenge the reservation allocation in a revised preliminary order when no objections or suggestions were made to that order?
- Does the doctrine of estoppel prevent the petitioner from contesting the final order of the Election Commission?
Subjects
Judgment
C/SCA/4576/2026 JUDGMENT DATED: 08/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4576 of 2026
==========================================================
DARJI AJAYKUMAR DAHYABHAI
Versus
RAJDEVSINH GHAMBHIRSINH GOHIL & ANR.
==========================================================
Appearance:
MR VC VAGHELA(1720) for the Petitioner(s) No. 1
MS SHRUTI DHRUVE, AGP for Respondent NO.2
MS AISHVARYA GUPTA for Respondent No.1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/04/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. It is not in dispute that a preliminary order
regarding allocation of reservation was made on
27.2.2026 and to this preliminary order, the petitioner
and the others did le objections on 3.3.2026 and
5.3.3026.
2. The consultation of the political parties, as provided
under the Rules was conducted on 10.3.2026 and
thereafter, on 12.3.2026, the revised preliminary order
was issued.
3. Learned counsel appearing for the Election
Commission states that no objections or suggestions were
led to this revised preliminary order by the petitioner
and, therefore, the petitioner is estopped from
challenging the reservations allocated under this order.
Page 1 of 2
C/SCA/4576/2026 JUDGMENT DATED: 08/04/2026
4. In our view, in the light of the decision already
rendered by this Court on 1.4.2026 in Special Civil
Application No.4101 of 2026, wherein it is held that if
objections/ suggestions are not made to the preliminary
order, such a person cannot challenge the nal order that
is passed by the Election Commission. In light of this
legal position, the present writ petition is DISMISSED
since the petitioner has not chosen to le objections or
suggestions to the revised preliminary order.
Sd/-
(N.S.SANJAY GOWDA,J)
Sd/-
(J. L. ODEDRA, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 15:54:22
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.