Decided on November 26,1973

STATE Respondents


S.H.SHETH - (1.)The petitioner has been a member of the Primary Education Committee of Baroda Municipal Corporation since 1968. On October 1973 she was elected as the Chairman of that Committee. Pursuant to her election she entered upon her office and started discharge ing her duties. On 3rd November 1973 a telegram was received from the Government of Gujarat which stated that pursuant to an inquiry into her election as the Chairman which was instituted she should not function as the Chairman. Thereafter a formal order dated 2nd November 1973 was received which stated that a member of the Primary Education Committee had represented that her election was not lawful and that an inquiry should be made into it. The Government therefore ordered that all proceedings pursuant to her election should be stopped pending further orders.
(2.)It is this order which is challenged by the petitioner in this petition.
(3.)The only contention which Miss Shah appearing for the petitioner has raised before me is that the State Government has no jurisdiction to hold an inquiry into an election dispute relating to the chairmanship of the Primary Education Committee. The dispute relating to the chairmanship of the Primary Education Committee is essentially a dispute between the successful candidate on one hand and the unsuccesscandidate or candidates on the other hand. It therefore creates a lis between them. To decide lis between the contesting candidates under circumstances is to perform a judicial function. Unless judicial power to hold an inquiry into this kind of dispute has been conferred upon the Government the State Government cannot hold any inquiry in exercise of its executive power. The dispute raised before the State Government is not a dispute of an administrative character. It does not pertain to the area where its executive power operates. It is a purely judicial matter and it can be decided by that authority upon whom such judicial power has been conferred or by a Court of law having plenary jurisdiction to inquire into such a matter.

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