Gujarat High Court

Assembly electoral roll entry mandates inclusion in Municipal Corporation rolls for same residential premises.

SHASHANKKUMAR ANILKUMAR MISHRA vs STATE ELECTION COMMISSION, GUJARAT

Gujarat High CourtJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a direction to include his name in the electoral roll for Ward No. 5 of the Vapi Municipal Corporation

Source reference: p. 1

The petitioner’s name was deleted from the Chharvada Assembly Constituency in December 2025 but was subsequently re-included on February 17, 2026

Source reference: p. 2

Despite being listed in the Assembly Constituency roll—which serves as the basis for the Municipal Corporation roll—the petitioner was excluded from the Vapi Municipal Corporation electoral list

Source reference: p. 2

The petitioner, a resident of the fourth floor of Block E-405, Rajmoti-2, Chharvada Road, Vapi, contended that while residents of the first, second, and third floors of the same block were included, he was omitted

Source reference: p. 2-3

The State Election Commission argued that the petitioner's name fell within a notified area outside the geographical limits of the Corporation

Source reference: p. 2
02

Issues

1. Whether the exclusion of the petitioner’s name from the Municipal Corporation electoral roll was lawful given his inclusion in the Chharvada Assembly Constituency roll

Source reference: p. 2

2. Whether the petitioner was entitled to inclusion based on the inclusion of other residents residing in the same building complex within the electoral roll of Ward No. 5

Source reference: p. 2-3
03

Law Applied

The court applied the principle that the electoral roll of an Assembly Constituency forms the legal basis for the preparation of the electoral roll of a Municipal Corporation

Source reference: p. 2, para 7

It further relied on the principle of administrative consistency, holding that if a residential complex is Factually treated as falling within a specific ward for some residents, it must be treated as such for all residents of that complex

Source reference: p. 3, para 7
04

Reasoning

The court found that the State Election Commission could not dispute that residents of the Rajmoti-2 Complex, specifically those at serial Nos. 870 to 875 residing on the lower floors of Block E, were already included in the electoral roll for Ward No. 5

Source reference: p. 3, para 4-6

The court reasoned that since the entire Rajmoti-2 Complex was effectively recognized as part of the ward's jurisdiction, the exclusion of a resident on the fourth floor of the same block was arbitrary

Source reference: p. 3, para 7

Furthermore, because the petitioner’s name was admitted to be on the Chharvada Assembly Constituency roll, and that roll is the mandatory foundation for the Municipal roll, there was no justification for his exclusion

Source reference: p. 3, para 7
05

Holding

The court allowed the writ petition

It directed Respondent No. 3 to include the petitioner's name in the electoral roll for Ward No. 5 of the Vapi Municipal Corporation

Source reference: p. 4, para 8

As a consequence of this inclusion, the court held that the petitioner is entitled to file his nomination for the forthcoming Municipal Corporation elections

Source reference: p. 4, para 8
Gujarat High Court

Original Court PDF

SHASHANKKUMAR ANILKUMAR MISHRAvsSTATE ELECTION COMMISSION, GUJARAT

Gujarat High Court · April 09, 2026

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