Synopsis

The petitioner challenged the allocation of an unreserved (woman) seat to Bajana village in the 2026 elections, contending that the same village had been allocated an unreserved (woman) seat in 2020 as well, and that there was no rotation of reservation as required by law. The Gujarat High Court examined the proviso to Rule 7 of the Gujarat Taluka and District Panchayats Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994. It held that when more than one seat is to be reserved in a taluka, the allocation of reservation to odd-numbered divisions (1st, 3rd, etc.) in other talukas inevitably leads to repetition of reservation in certain villages. Such repetition is not a violation of the rotation principle but a necessary consequence of the statutory mechanism. The writ petition was dismissed.

Court: High Court of Gujarat at Ahmedabad

Coram: Justice N.S. Sanjay Gowda and Justice J. L. Odedra

Date of Judgment: 9th April 2026

Citation:  (not fully provided; R/Special Civil Application No. 4826 of 2026)

Core Law: Election Law, Panchayati Raj – Gujarat Panchayats Act, 1993; Gujarat Taluka and District Panchayats Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994

2. Legal Framework

Major laws and provisions involved

• Gujarat Panchayats Act, 1993 – Section 11 (determination of total number of seats)

• Gujarat Taluka and District Panchayats Election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994 – Rules 4 (allocation for SC), 5 (allocation for ST), 6 (allocation for SEBC), 7 (allotment of remaining seats including women), 9 (rotation)

Key legal principles applied

• Rotation of reservation: Seats reserved for SC, ST, SEBC and women must be rotated among different electoral divisions in each successive election to ensure fairness and equal opportunity.

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