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Documents citing Javantiben Bhikaji Thaveracha vs Rangaben Manaji Thaveracha on 5 March, 2003

Mayurkumar Shivrambhai Vasava vs Bipinbhai Champakbhai Vasava on 1 September, 2022

7. We have heard learned advocates for the respective parties. It is an undisputed fact that the challenge in the Election Petition is twofold, declaring the present private respondent elected under the Gram Pranchayat and of Page 6 of 21 Downloaded on : Mon Sep 05 20:55:05 IST 2022 C/SCA/17022/2022 ORDER DATED: 01/09/2022 recounting of the votes. It is also an undisputed fact that the trial has not begun and no witnesses are examined by any of the parties. It is undisputed that an application Exh.13 has been filed in the nature of relief, which was already prayed in the Election Petition, which was granted by the tribunal. Therefore, in our considered opinion, the judgment delivered by this Court in the case of Javantiben Bhikaji Thaveracha (Supra) will be applicable. The Division Bench of this Court has relied upon the decision of the Apex Court and has held in paragraph 7, which reads as under:
Gujarat High Court Cites 18 - Cited by 0 - A J Desai - Full Document

Manjulaben Prakashkumar Chaudhari vs State Of Gujarat & 2 on 28 March, 2017

(15) In the case of  Jivantiben Bhikaji Thaveracha  (supra), the Division Bench of this Court has  held   that   till   the   allegations   made   in   the  application   are   established   and   proved,   the  allegations   remain   as   mere   allegations   and,  therefore,   on   the   basis   of   the   allegations,  the Court cannot order recount at the interim  stage.
Gujarat High Court Cites 21 - Cited by 3 - Full Document

Dineshbhai Ranchhodbhai Kapdi vs Harisinh Dunkhaji Zala on 10 March, 2025

3.10 For the purpose, he has relied on a decision of this Court in the case of Javantiben Bhikaji Thaveracha v. Rangaben Manaji Thaveracha, reported in 2003 (2) GLH 306, for a proposition that, recounting of votes should not be ordered on mere asking. For the same, there has to be clear evidence. Recounting of votes are only permissible when specific allegations are made and proved. Mere suspicion or small margins do not justify interference with electoral results unless substantial proof exists indicating improper vote handling.
Gujarat High Court Cites 26 - Cited by 0 - U A Trivedi - Full Document

Gitaben Khodabhai Parmar vs Meenaben Amitbhai Parmar & 2 on 13 December, 2017

The   learned   Judge   noted   that  there   was   no   evidence   to   call   for   recounting.     The  margin   between   the   election   petitioner   and   the  returned  candidate   was   of   112  votes.     Learned   Judge  was of the opinion that without sufficient evidence at  an   interim   stage,   recounting   cannot   be   ordered.  Learned Judge relied on the decision of the Division  Bench   of   this   Court   in   case   of  Javantiben   Bhikaji   Thaveracha v. Rangaben Manaji Thaveracha  reported in  2003 (2) G.L.H. 306.
Gujarat High Court Cites 1 - Cited by 0 - A Kureshi - Full Document
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