GHANCHI SALIMBHAI NOORBHAIversusTHE STATE OF GUJARAT
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that it has no jurisdiction to pass a restriction order in the absence of any action initiated by the respondents and dismissed the petition.
Summary
The petitioner, a five‑time elected corporator contesting the Dabhoi Nagarpalika election, filed a special civil application under Articles 226 and 227 of the Constitution and the Representation of Peoples Act seeking a writ restraining the respondents from arresting him until election results are declared. He alleged that a complaint filed by a rival candidate before Respondent No.3, allegedly under political pressure, led to threats of arrest. The Court examined the petition and found that no concrete action or arrest warrant had been initiated by the respondents, and therefore it lacked jurisdiction to issue a pre‑emptive restriction order. Consequently, the Court held the petition to be without merit and dismissed it. The order was signed by Justice Hemant M. Prachchak and the Principal Private Secretary of the High Court of Gujarat.
Issues considered
- Whether the High Court has jurisdiction under Articles 226/227 to issue a restraining order when no arrest or criminal proceeding has been initiated.
- Whether the petition is maintainable under the Representation of Peoples Act seeking protection from alleged political intimidation.
Legislation cited
Subjects
Judgment
C/SCA/5838/2026 ORDER DATED: 24/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5838 of 2026
==========================================
GHANCHI SALIMBHAI NOORBHAI
Versus
THE STATE OF GUJARAT & ORS.
==========================================
Appearance:
MR. ZAMIR Z SHAIKH(6857) for the Petitioner(s) No. 1
MR GH VIRK GP WITH MS DHARITRI PANCHOLI AGP for the
Respondent(s) No. 1,3,4,5
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 24/04/2026
ORAL ORDER
1. Present petition is filed by the petitioner under Articles 226 and
227 of the Constitution of India and under the provisions of the
Representation of Peoples Act seeking following reliefs:-
(A) This Hon’ble Court be pleased to admit and allow this Petition.
(B) This Hon’ble Court be pleased to issue appropriate writ or pass an
order or direction upon the respondents, not to arrest or detain the
present petitioner till the declaration of election result of Dabhoi
Nagarpalika in the interest of justice.
(C) This Hon’ble Court be pleased to grant any other and further relief
that is deemed fit an expedite in the interest of justice.
2. The facts of the present case are that the petitioner is a five
time elected corporator of Dabhoi Nagarpalika and contesting
ongoing election of Dabhoi Nagarpalika as a candidate of Indian
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C/SCA/5838/2026 ORDER DATED: 24/04/2026
National Congress Party. That after declaration the name of the
petitioner, one Imran Kalushah Diwan filed a complaint before
respondent No.3 and under the influence of political party, respondent
No.3 threatening the petitioner with regard to his arrest. Being
aggrieved, the present petition is filed.
3. Having heard learned counsel for the petitioner and considered
the submissions and averments made in the petition and the reliefs
as sought for, this Court is of the opinion that this Court has no
jurisdiction to pass any restriction order as there is no any action
initiated by the respondents. Therefore, this Court is of the view that
there is no substance in the petition and the petition being devoid of
merits deserves to be dismissed. Accordingly, the present petition is
hereby dismissed.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2026 16:18:48
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