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Gujarat High Court

Dineshbhai Palabhai Patar vs State Election Commission Through Its ... on 25 February, 2021

Author: J. B. Pardiwala

Bench: J.B.Pardiwala, Ilesh J. Vora

         C/SCA/3921/2021                                          ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 3921 of 2021
                              With
           R/SPECIAL CIVIL APPLICATION NO. 3928 of 2021
==========================================================
                 DINESHBHAI PALABHAI PATAR
                           Versus
     STATE ELECTION COMMISSION THROUGH ITS SECRETARY
==========================================================
Appearance:
MR DIPEN DESAI(2481) for the Petitioner(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 1,2,3
MS ROOPAL PATEL, for the Respondent(s) No.1
MS MANISHA SHAH, GOVERNMENT PLDEADER WITH MS AISHWARYA
GUPTA ADVOCATE for the Respondent(s) No.2, 3
==========================================================

 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MR. JUSTICE ILESH J. VORA

                    Date : 25/02/2021
                  COMMON ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. Since the issues raised in both the captioned writ­applications are the same, those were taken up for hearing analogously.

2. By this writ­application under Article­226 of the Constitution of India, the writ­applicant - a candidate, who is to contest the ensuing Panchayat Election, has prayed for the following reliefs:­ "6(A) Be pleased to issue a writ of mandamus or writ in the nature of or any other appropriate writ, order or directions, directing the respondent authorities more particularly respondent Nos.1 and 2 to declare 19 polling booths/polling stations of 8­Charakhdi Rajkot District Panchayat Constituency as referred in the representation dated 03.02.2021 of the petitioner as critical polling stations and deploy additional police force in the said polling stations.

(B) Be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or directions, Page 1 of 5 Downloaded on : Fri Feb 26 07:20:28 IST 2021 C/SCA/3921/2021 ORDER directing the respondent authorities that CCTV Cameras be installed and be made available at the time of polling in the 19 polling booths/poling stations of 8­Charakhdi Rajkot District Panchayat Constituency seat.

(C) Pending admission, hearing and final disposal of the petition, be pleased to direct the respondent Nos.2 and 3 to immediately take appropriate steps for installation of the CCTV Camera at the 19 polling booths/polling stations of 8­Charakhdi Rajkot District Panchayat Constituency seat.

(D) Be pleased to grant such other and further relief/s as deemed just and proper by this Hon'ble Court in the interest of justice."

3. It appears from the materials on record that the writ­applicant has filed his candidature to contest the Rajkot District Panchayat Election scheduled to be held on 28th February 2021. The writ­applicant has been issued a ticket by the Indian National Congress Party. The apprehension expressed by the writ­applicant in the present writ­application is with regard to the few very sensitive polling booths, more particularly, of the Kolithad Constituency and Charakhdi Constituency.

4. We have heard Mr. Dipen Desai, the learned counsel appearing for the writ­applicant, Ms. Roopal Patel, the learned counsel appearing for the respondent no.1-State Election Commission and Ms. Manisha L. Shah, the learned Government Pleader assisted by Ms. Aishwarya Gupta, the learned AGP appearing for the State-respondents.

5. Ms. Shah, the learned Government Pleader has placed on record a brief note explaining as regards the polling booths and also, as regards the apprehension expressed by the writ­applicant. The note reads thus:­

1. Petitioners have requested that all 37 polling stations of Kolithad constituency and all 29 polling stations of Chakardi constituency in the Rajkot District Panchayat election, be designated as "critical". Both constituencies fall in Gondal Taluka.

Page 2 of 5 Downloaded on : Fri Feb 26 07:20:28 IST 2021 C/SCA/3921/2021 ORDER

2. It should be noted that there is no procedure or rule pertaining to designation of any polling booth as "critical" for elections of local bodies. Designation of polling booths as "critical" is undertaken for the elections of Legislative Assembly and Parliamentary elections as per the guidelines of the Election Commission of India.

3. For the elections of Local bodies, polling booths may be identified as highly sensitive or sensitive depending upon various criteria such as, past history of the constituency or polling area, any past incidents of booth capturing, violence, riot, etc., police records containing information regarding the abnormal law and order situation in a particular area or region or constituency, etc. Guidelines dated 25.04.1995, for the same have been issued by the State Election Commission. Such guidelines are annexed hereto and marked as ANNEXURE­R1.

4. The process for designating any polling station as sensitive or highly sensitive entails conducting a meeting at the level of the SDM with participation by the police officials, where aspects such as past history of violence, incidents, communal or otherwise, etc. are taken into consideration and then polling stations may be designated as sensitive. Such designation entails posting of one extra SRP guard and videography of the voting.

5. In this case, such meeting took place on 25.01.2021 for the designation of polling booths in Gondal Taluka, as sensitive/highly sensitive. Pursuant to such meeting, a joint proposal was sent by SDM, Gondal, DSP, Gondal, Executive Magistrate & Mamlatdar, Gondal (Taluka) and Taluka Development Officer, Gondal to the District Election Officer, I.e. the Collector for designation of 17 polling booths in Gondal Taluka as "sensitive". It should be noted that proposal for 2 polling stations in Kolithad consitutency were also proposed to be designated as "sensitive". The same has accordingly been done. No station has been so, designated in Chakardi constituency.

6. It is imperative to bring to the attention of the Hon'ble Court that the Rajkot District Panchayat and Gondal Taluka Panchayat elections, are going on simultaneously and for both such Panchayats, the voting is to take place on 28.02.2021.

7. In Charakhdi constituency, voting for Four Seats of the Gondal Taluka Panchayat and voting for one seat of Rajkot District Panchayat is scheduled to take place. For the elections, the district machinery had already appointed four Zonal officers (Class II), Assistant Zonal Officers (Class III) to oversee the process of elections in addition to the various officers appointed per polling booth. Four videographers had Page 3 of 5 Downloaded on : Fri Feb 26 07:20:28 IST 2021 C/SCA/3921/2021 ORDER also been appointed for the elections in the Charakhdi constituency. Considering the application of the Petitioner, it has been decided to appoint one additional Zonal Officer, Assistant Zonal Officer and Videographer. Therefore, for the voting scheduled to take place in the 29 polling stations, there will be five Zonal officers (Class II), five Assistant Zonal Officers (Class III) and five videographers.

8. In Kolithad constituency, voting for Four Seats of the Gondal Taluka Panchayat and voting for one seat of Rajkot District Panchayat is scheduled to take place. For the elections, the district machinery had already appointed four Zonal officers (Class II), Assistant Zonal Officers (Class III) to oversee the process of elections in addition to the various officers appointed per polling booth. Four videographers had also been appointed for the elections in the Kolithad constituency. Considering the application of the Petitioner, it has been decided to appoint one additional Zonal Officer, Assistant Zonal Officer and Videographer. Therefore, for the voting scheduled to take place in the 29 polling stations, there will be five Zonal officers (Class II), five Assistant Zonal Officers (Class III) and five videographers. It should be noted that this is in addition to the extra deployment of force and other measures undertaken for the 2 polling stations designated as "sensitive" in Kolithad constituency.

9. It is submitted that vide communication dated 23.02.2021, addressed by the Police Sub­Inspector, Gondal Taluka Police Station, to the Mamlatdar and Taluka Election Officer, Gondal, it has been stated that there are a total of 31 villages falling within Kolithad constituency and Charakhdi constituency. In the past 4 years, during the Legislative Assembly and Parliamentary elections, there has been no election related violence in such villages. A copy of such letter dated 23.02.2021, is annexed hereto and marked as ANNEXURE­R2.

10. It is submitted that a meeting was held at 4:00 pm yesterday, between the Deputy DDO, Mamlatdar & Executive Magistrate and PSI, Gondal Taluka Police Station to discuss the security arrangements being made for the voting scheduled to take place on 28.02.2021. A copy of the minutes of the meeting dated 24.02.2021, is annexed hereto and marked as ANNEXURE­R3. Some of the aspects discussed during such meeting are as hereunder:

a) 10 Mobile Sector Teams shall conduct mobile patrolling in the entire Taluka. Thus, in the Kolithad and Charakhdi constituencies there shall be constant patrolling by 4 mobile sector vans.
b) Forces have been deployed for conducting foot marches in the villages.
c) A Quick Response Team of the Taluka Police Station with Page 4 of 5 Downloaded on : Fri Feb 26 07:20:28 IST 2021 C/SCA/3921/2021 ORDER necessary force, was created for the elections in the Gondal Taluka. Such team has been instructed to pay special attention to Kolithad and Charakhdi constituencies
6. This matter was heard 11:15 a.m. for some time and thereafter, was adjourned to 1:30 p.m. so as to enable Mr. Desai to speak to his client and discuss about the measures and safeguards, which the authorities propose to provide on the date of the election.
7. Mr. Desai would submit that he has discussed the matter with his client and his client is quite satisfied with the safeguards and measures, as assured by the Collector, Rajkot. However, Mr. Desai has only one request to make with regard to the installation of the CCTV Cameras inside the polling booths.
8. We are of the view that what has been stated in the note filed by the learned Government Pleader should allay the fears expressed by the writ­applicant. We do not say for a moment that the apprehension expressed by the writ­applicant is not well­founded or without any basis.

However, we appreciate the concern shown by the Collector, Rajkot and the measures and safeguards which the Collector proposes to undertake and provide on the date of the Election.

9. In view of the aforesaid, we need not go further into the matter and dispose of the same with the aforesaid observations.

(J. B. PARDIWALA, J) (ILESH J. VORA,J) A. B. VAGHELA Page 5 of 5 Downloaded on : Fri Feb 26 07:20:28 IST 2021