VARSHA MUKESHBHAI KATARAversusTHE STATE ELECTION COMMISSION THROUGH SECRETARY
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The State Election Commission must replicate any inclusion made in the Legislative Assembly electoral roll into the municipal electoral roll, even if the inclusion occurs after the municipal preliminary list is published, thereby granting the petitioner voting rights.
Summary
The petitioner sought an order directing the State Election Commission to include her name in the electoral roll of Ward No. 4, Sabarmati, so she could vote in the Ahmedabad Municipal Corporation elections. Her name was absent from the Legislative Assembly constituency roll, which forms the basis for the municipal roll, but an application filed on 23 March 2026 for inclusion in the Assembly roll was allowed on 1 April 2026. The State Election Commission argued that because the municipal preliminary list had already been published on 23 March, the petitioner could not be added. The Court held that the Commission merely replicates the Assembly roll and has no independent power to exclude a name that has been lawfully added to the Assembly roll, especially since the inclusion occurred before the nomination deadline. Consequently, the Court ordered that the petitioner’s name be entered in the municipal electoral roll, allowing her to participate in the election.
Issues considered
- Whether a name added to the Legislative Assembly electoral roll after the publication of the municipal preliminary list must be reflected in the municipal electoral roll.
- Whether the State Election Commission has the authority to refuse inclusion of a name in the municipal roll on the basis of timing.
- Whether inclusion before the nomination deadline entitles the petitioner to vote in the municipal corporation elections.
Subjects
Judgment
C/SCA/5261/2026 JUDGMENT DATED: 10/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5261 of 2026
==========================================================
VARSHA MUKESHBHAI KATARA
Versus
THE STATE ELECTION COMMISSION THROUGH SECRETARY &
ORS.
==========================================================
Appearance:
MR CP CHAMPANERI(5920) for the Petitioner(s) No. 1
AISHVARYA(8018) for the Respondent(s) No. 1
G H VIRK(7392) for the Respondent(s) No. 4
MS. SHRUTI DHRUVE, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 10/04/2026
JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The prayer in this writ petition is to direct the respondent
authorities to include the name of the petitioner in the
electoral roll of Ward No. 4, i.e., Sabarmati, to enable her to
participate in the ensuing elections of the Ahmedabad
Municipal Corporation.
2. It is not in dispute that the name of the petitioner was not
found in the electoral rolls of the Legislative Assembly
constituency, which is the basis for the preparation of the
electoral roll of the Municipal Corporation. Since the name
of the petitioner was not found in this list, she made an
Page 1 of 3
C/SCA/5261/2026 JUDGMENT DATED: 10/04/2026
application for inclusion of her name on 23.03.2026.
3. It may also be pertinent to state here that the list, as it was
revised and as it stood on 17.02.2026, was considered to
be the basis for preparation of the preliminary list under
the rules framed by the Bombay Provincial Municipal
Corporations (Registration of Voters) Rules, 1994. This
preliminary list was published on 23.03.2026.
4. As the name of the petitioner was not available in the
Legislative Assembly constituency as on 17.02.2026, her
name was also not found in the electoral roll prepared by
the Municipal Corporation in accordance with the
aforementioned rules.
5. It is also not in dispute that the application that the
petitioner had filed for inclusion of her name in the
electoral roll of the Legislative Assembly constituency on
23.03.2026 was allowed on 01.04.2026. The legal effect of
this is that the name of the petitioner is deemed to be in
the electoral rolls of the Legislative Assembly constituency.
6. The argument of the State Election Commission that the
name of the petitioner was only included after the
publication of the preliminary list on 23.03.2026 and the
petitioner cannot seek for inclusion is untenable and is of
no consequence. Basically the State Election Commission
is tasked with replicating the electoral roll of the Assembly
Page 2 of 3
C/SCA/5261/2026 JUDGMENT DATED: 10/04/2026
constituency. The State Election Commission does not
exercise any independent right in the matter of inclusion or
deletion from its electoral rolls, and it only is empowered to
replicate the electoral roll of the Assembly constituency.
7. In our view, since the basis for the creation of an electoral
roll for the Municipal Corporation is based on the electoral
roll of the Assembly constituency, on inclusion of the name
in the Assembly constituency, the petitioner becomes
entitled to vote and participate in the electoral process.
8. It is to be noticed here that the application filed by her for
inclusion was allowed before the last date fixed for filing of
nominations. It may also be further pertinent to state here
that the application was filed on 23.03.2026, i.e., prior to
the period of 10 days prescribed under the rules mentioned
above. In our view, therefore, the petitioner has made out a
case to have her name included in the electoral roll for
Ward No. 4, Sabarmati, and as a consequence, she would
also be entitled to participate in the electoral process.
9. Accordingly, the present writ petition is allowed. Direct
service is permitted today.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 10/04/2026 16:54:40
Page 3 of 3
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.