“Even A Single Vote May Swing The Contest”: Gujarat High Court Permits Detenue To Cast Vote In Panchayat Poll
The Gujarat High Court in an interim order on Monday (May 25) permitted a detained man to cast his vote in the election to the post of Chairman and Vice Chairman of Junagadh Taluka Panchayat, observing that the positions were important wherein even a single vote may swing the contest one way or the other.
The court was hearing the man's habeas corpus plea wherein he contended that an FIR was registered and he was detained on 24.05.2026 whereas the election is slated to be held at 11:00 A.M today. The State submitted that FIR has been lodged on 22.05.2026 and therefore, the petition is filed belatedly only to stall the election process.
The State argued that the offences are such that no leniency whatsoever needs to shown to the present petitioner and merely because there is an election which is being held today, it cannot be said that the petitioner has been arrested/detained for the purpose of denying the petitioner his right to vote in the election
Justice DN Ray in its order noted that matter was mentioned at 9:30 A.M. in the morning and the Court had directed the Registry to send the file forthwith. In-spite of such direction, the file arrived only at 11.45 A.M. i.e. after 2 Hours and 15 Minutes, the court noted. It thereafter said:
"However, given the fact that the election is for the post of Chairman and Vice Chairman of Junagadh Taluka Panchayat which is an important position where even a single vote may swing the contest one way or the other, the ends of justice will be subserved, for the time being, if this Court passes the following order:-
By way of an interim order, I hereby direct the detenue to be escorted to the venue of the election for the Chairman and Vice Chairman of Junagadh Taluka Panchayat by way of Police arrangement/escort (Japta) at the petitioner's cost. It is further directed that the petitioner will arrive directly at the venue from the detention center, cast his vote and will return forthwith to the detention center. Till the process is undertaken, the election will remain open".
Directing the Registry to issue a copy of the high court order by all means necessary to the parties and the Additional Public Prosecutor to inform the concerned T.D.O. and D.D.O. of this order telephonically to ensure complaince in true letter and spirit, the court listed the matter on June 10.
Case title: PRANAV PRABHUDAS CHANDARANA v/s STATE OF GUJARAT & ORS.
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 7423 of 2026