AMITKUMAR BHIKHALA JETHVA Vs. CHIEF ELECTION OFFICER

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner, resident of Village Khambha in Amreli District, has prayed for a writ of mandamus to direct the District Election Officer, Amreli to lodge appropriate complaint against respondent Nos. 3 and 4 under Section 31 of the Representation of People Act, 1950 for violation of the provisions of Section 17 of the said Act. The petitioner has also prayed for quashing and setting aside the communication dated 14. 11. 2008 (Annexure-A) of the said second respondent informing the petitioner that it was not considered necessary to lodge the complaint as requested by the petitioner.

(2.) THE petitioner contested election to the Gujarat Legislative Assembly from Kodinar Constituency in 2007. The petitioner was an independent candidate and there were two other candidates sponsored by two major political parties and the election was held on 11. 12. 2007. Before the elections, the petitioner had noticed that names of respondent Nos. 3 and 4 were registered in the electoral rolls of Amreli Constituency as well as Kodinar Constituency. When this fact was brought to the notice of the election authorities, the election authorities issued notices to the said parties calling upon them to choose as to in which Constituency they would like to have their names registered as voters. Respondent Nos. 3 and 4 opted to have their names registered in the voters list for Amreli Constituency. Respondent No. 3 is an officer of Amreli Municipality and is serving under the Municipality for a number of years and respondent No. 4 is the wife of respondent No. 3.

(3.) WHEN their statements were recorded on 10. 10. 2008, respondent No. 3 informed the concerned officer that they have been residing at Amreli for a very long period and that they were not aware that their names were continued in the voters list for Kodinar Constituency because they had already left Khambha before many years and therefore, they assumed that their names must have been deleted from Kodinar Constituency under which Khambha village falls.