SONALBA NAVALSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ-application under'Article 226'of the Constitution of India, the writ-applicant has prayed for the following reliefs :

(2.) A nice and interesting question arises in this case out of the dust and fume of election process.

(3.) One Lilaben Vikrambhai Thakore (since deceased) and the writ-applicant herein contested the election to the 17-Pimpan Electoral Division of the Sanand Taluka Panchayat. Late Lilaben was an independent candidate, whereas the writ-applicant herein was nominated by a political party, viz. the Bharatiya Janata Party. The polling took place on 28th February 2021. The counting was scheduled on 2nd March 2021. Lilaben Vikrambhai Thakore passed away on 1st March 2021, i.e. a day prior to the scheduled counting. The Election Officer proceeded with the counting of the votes on 2nd March 2021 and declared Lilaben as the winner. Lilaben Thakore secured 2163 votes, whereas the writ-applicant herein secured 1409 votes. Although Lilaben secured the highest votes, yet the Election Officer was not able to give effect to the result of the election with respect to the 17- Pimpan Electoral Division of the Sanand Taluka Panchayat on account of the death of Lilaben Thakore.