Gujarat High Court
Abhabhai Karsanbhai Karmur vs Gujarat State Election Commission on 9 April, 2026
NEUTRAL CITATION
C/SCA/4826/2026 JUDGMENT DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4826 of 2026
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ABHABHAI KARSANBHAI KARMUR
Versus
GUJARAT STATE ELECTION COMMISSION & ANR.
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Appearance:
KAUSHAL H PATEL(9328) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
AISHVARYA(8018) for the Respondent(s) No. 1
MR VENU GOPAL, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 09/04/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. The allocation of reservation of the unreserved (woman) in respect of Bajana village is in question in this writ petition.
2. In the year 2015, for Bajana village, seat was allocated to SEBC (woman) and in the year 2020, it was allocated to an unreserved candidate (woman). Even in the year 2026, the reservation is assigned to an unreserved (woman).
3. It is, therefore, contended that there has been no rotation of reservation and as a consequence, the allocation of reservation to an unreserved (woman) would be improper.
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4. Learned counsel appearing for the respondent Election Commission submits that the allocation of reservation is in accordance with the Rules. She points out that as per Rule 4 and 5 read with Rule 9, the allocation of seats to SC, ST and SEBC and to women have been rotated. She submits that in view of the proviso to Rule -7, whenever reservation is to be made more than once, in a taluka of district panchayat, the requirement is that the reservation should be allocated to another taluka and in doing this exercise, it is but inevitable that there is a repetition of reservation in the background of the earlier reservations provided to the very same division.
5. Rule 7 of the Gujarat Taluka and District Panchayats Election (Manner of Allotment of Reserved Seats bty Rotation) Rules, 1994 ("the 1994 Rules" for short) reads as follows:
"7. The Election Commission shall after having allotted seat reserved for the Scheduled Castes, Scheduled Tribes and Socially and Educationally backward classes under rules 4 5 and 6 allot the remaining seats (including those reserved for women) serially to electoral divisions bearing general serial number which seats reserved for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally backward classes are not allotted under rules 4 5 and 6 so however that preference shall be given to allotment of seats reserved for women other than the women belonging to the Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes.
"Provided that in case of allotment of seats to others for the district panchayat, the State Election Commission, while allotting the seats in the taluka where more than Page 2 of 4 Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 01:47:58 IST 2026 NEUTRAL CITATION C/SCA/4826/2026 JUDGMENT DATED: 09/04/2026 undefined one seat is to be allotted, shall, after having allotted the seats reserved for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes under Rules 4, 5 and 6, allot the remaining odd number of seats ie. 1st, 3rd and so on to the woman from amongst the electoral divisions falling in the taluka as per general serial number to which seats reserved for the Scheduled Castes, the Scheduled Tribes and Socially and Educationally Backward Classes are not allotted under Rule 4, 5 and 6 ensuring that in every Taluka the representation of the women remain as nearly as may be one-half of the total number of seats including the women belonging to the Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes and also that such allotment does not exceed the number of total seats determined as per the provisions of Sec. 11 of the Gujarat Panchayats Act, 1993."
6. As could be seen from the proviso to Rule 7, whenever more than one seat is to be reserved in a taluka, the allocation of reservation should be to the remaining odd numbers, i.e. 1st, 3rd and so on. However, in respect of the seats in a taluka where reservation of more than one seat is to be allocated, as a necessary consequence, allocation of reservation would be to the next division in other taluka. As a result of this exercise, the allocation of reservation was made to Bajana village, with which the petitioner is concerned, an unreserved (woman). This operation of proviso to Rule-7 leads to an inevitable repetition of reservation to Bajana village and this repetition has become necessary in view of the fact that the election commission would have to ensure that there is a rotation of reservation of all the constituencies in accordance with the Rules.
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7. We are satisfied with the repetition of reservation of an unreserved (woman) was by the virtue of the proviso to Rule-7 and no fault can be found with the reservation allocated by the Election Commission. Consequently, the writ petition is DISMISSED.
Sd/-
(N.S.SANJAY GOWDA,J) Sd/-
(J. L. ODEDRA, J) OMKAR Page 4 of 4 Uploaded by OMKAR C. MAHAWAR(HC00201) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 01:47:58 IST 2026