Gujarat HC Orders Police Escort for Detained Man to Vote in Junagadh Panchayat Election
Justice D.N. Ray directed that a detenue be escorted under police japta, at his own cost, to cast his vote in the Junagadh Taluka Panchayat Chairman election on 25 May 2026.
The High Court of Gujarat, sitting at Ahmedabad, passed an urgent interim order on 25 May 2026 directing that a man detained in connection with an FIR be escorted by police to the venue of the Junagadh Taluka Panchayat election so that he could exercise his right to vote. Justice D.N. Ray, sitting singly, passed the oral order in a habeas corpus petition filed by Pranav Prabhudas Chandarana, who had been detained on 24 May 2026 — the day before an election for the posts of Chairman and Vice Chairman of Junagadh Taluka Panchayat. The court held that the ends of justice would be served by allowing the petitioner to vote under police escort, at his own cost, with an immediate return to the detention centre thereafter.
The Dispute Before the High Court
Pranav Prabhudas Chandarana filed a Special Criminal Application in the nature of habeas corpus, contending that his detention on 24 May 2026 was timed to prevent him from voting in the panchayat election scheduled for 25 May 2026 at 11:00 A.M. The FIR in question — FIR No. 11203025260323 of 2026 — was registered with Junagadh Taluka Police Station, District Junagadh.
The matter was mentioned before the court at 9:30 A.M. on the morning of the election. Justice Ray directed the Registry to send the file forthwith. Despite that direction, the file reached the court only at 11:45 A.M., two hours and fifteen minutes later — by which time the election had already been scheduled to begin.
Ms. Maithili Mehta, Additional Public Prosecutor appearing for the State, opposed the petition. She argued that the FIR had been lodged on 22 May 2026 and that the petition had been filed belatedly, only to stall the election process. She further submitted that the offences alleged were serious enough that no leniency was warranted, and that the mere fact of an election being held on that day did not mean the petitioner had been arrested to deny him his vote.
Why the Court Intervened
Justice Ray did not go into the merits of the FIR or the legality of the detention at this interim stage. The court's reasoning turned on the nature of the election itself. The election was for the posts of Chairman and Vice Chairman of Junagadh Taluka Panchayat — positions the court described as important, where “even a single vote may swing the contest one way or the other.”
On that basis, the court concluded that the ends of justice would be served, for the time being, by permitting the petitioner to be escorted to the polling venue rather than by either releasing him or keeping him entirely away from the election. The court framed the relief narrowly: escort to the venue, casting of the vote, and immediate return to the detention centre. No broader relief was granted at this stage.
Directions Issued
By way of interim order, Justice Ray directed the following:
The detenue was to be escorted to the venue of the election for Chairman and Vice Chairman of Junagadh Taluka Panchayat by way of police arrangement — referred to in the order as japta — at the petitioner's own cost. The petitioner was to travel directly from the detention centre to the venue, cast his vote, and return forthwith to the detention centre.
The court further directed that the election would remain open until this process was completed.
The Registry was directed to issue a copy of the order by all means necessary to the parties. Ms. Mehta, as Additional Public Prosecutor, was directed to inform the concerned T.D.O. and D.D.O. of the order telephonically, to ensure compliance in letter and spirit.
Outcome
The interim order was passed on 25 May 2026. The matter has been listed for further hearing on 10 June 2026. Direct service was permitted. The petitioner was represented by Mr. Aum M. Kotwal.