PANDIT AMULAKHCHAND BANSIDHAR BHARGAV Vs. RANCHHODBHAI MANIBHAI PATEL
HIGH COURT OF GUJARAT
PANDIT AMULAKHCHAND BANSIDHAR BHARGAV
RANCHHODBHAI MANIBHAI PATEL
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S.L.TALATI, J. -
(1.) The petitioners are the residents of Digvijaygram situated in Jamnagar District. They have filed this petition praying for a Writ of Mandamus directing the respondents to constitute an elected Gram Panchayat of Digvijay-gram in accordance with Section 310 (2) read with Section 12 of the Gujarat Panchayats Act and to implement the notifications annexures B and B1. The facts which gave rise to this petition may be briefly stated as under:
(2.) On 3-8-1978 Development Commissioner Gujarat State Gandhinagar issued a notification in exercise of the powers under Section 9 (2) of the Gujarat Panchayats Act 1961 (herein-after referred to as the Act) by which existing Sikka gram panchayat was required to be split into two grams and will have two panchayats one Sikka gram panchayat for Sikka area and another Digvijay gram panchayat for Digvijay gram. On that very day another notification was issued by which Talati-cum-Mantri was appointed as Administrator of gram panchayat of Sikka and also gram panchayat Digvijaygram and notification is produced at Annexure B1.
(3.) Sikka Gram panchayat filed a petition being Special Civil Application No. 1501 of 1978 under Article 226 of the Constitution of India challenging those notifications. Ultimately that petition came to be dismissed on 27-11-1980. L.P.A. No. 226 of 1980 was filed challenging the order of the Single Judge which came to be dismissed on 16-3-1981. Thereafter Special Leave Petition was filed in the Supreme Court of India which again cane to be dismissed on 15-4-1981. Thereafter some residents of Sikka filed another litigation and they challenged notification of 1969 by which revenue village Digvijay gram was formed and that petition was numbered as Special Civil Application No. 1725 of 1981. That petition came to be dismissed on 6-5-1981. Thereafter L.P.A. No. 149 of 1981 was filed which again came to be rejected on 15-7-1981. Thereafter so Ar as the State is concerned what was required to be done was to hold an election for Digvijaygram because Section 310 (2) of the Act provides as under:
"310 (2) Within one year of the said date the panchayat for the respective nagar or as the case may be new gram shall be constituted in accordance with the provisions of this Act." Now, therefore new gram was constituted as far back as on 3-8-1978. Naturally the election could not be held because there was litigation which continued upto 15-7-1981. But there-after there could not be any ground for not constituting panchayat in accordance with the provisions of the Act and it cannot be considered proper that Talati-cum-mantri may continue as Administrator for all time to come.;
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