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Saturday, August 22, 2015

Gujarat HC Stays Compulsory Voting in the Local Civic Polls scheduled this year

Gujarat high court on Friday Aug 21,2015 stayed the state government's notification issued last month making voting compulsory in civic body polls.  Gujarat is scheduled to witness civil elections in 253 municipalities, 208 taluka panchayats, 26 district panchayats and six municipal corporations 

In response to a petition filed by advocate KR Koshti questioning the provisions of making voting obligatory for all citizens, a bench headed by acting Chief Justice Jayant Patel admitted the case and stayed operation of notification of compulsory voting till final disposal of the case.

While staying the new law, the court commented that the right to vote itself contains right to refrain from voting.

Gujarat became the first state to make voting compulsory in local - municipal as well as panchayat polls after governor OP Kohli approved the Gujarat Local Authorities Laws (Amendment) Bill, 2009, which had been rejected by earlier governor, Kamla Beniwal.

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