DIPAKKUMAR DHANJIBHAI PATEL Vs. STATE OF GUJARAT AND 3
LAWS(GJH)-2016-11-98
HIGH COURT OF GUJARAT
Decided on November 15,2016

Dipakkumar Dhanjibhai Patel Appellant
VERSUS
State of Gujarat and 3 Respondents

JUDGEMENT

Harsha Devani, J. - (1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged the notification dated 13.07.2016 (Annexure "A" to the petition) whereby he has cancelled the earlier notification dated 03.03.2016 and issued a fresh notification allotting offices of Sarpanch of the village panchayats of Chikhli taluka and seeks a direction to the Collector not to allot any office of Sarpanch to the Scheduled Castes for the five village panchayats, viz., Chikhli, Chimla, Maliyadhara, Talavchora and Vankal of Chikhli Taluka, and further seeks a direction to the Collector to issue a fresh notification reserving the seats as stated in paragraph-17 of the petition.
(2.) It appears that subsequently, during the pendency of the petitioner, another notification dated 27.10.2016 (Annexure HH to the petition) came to be issued by the third respondent Collector whereby the office of Sarpanch for village Vankal came to be allotted to the Scheduled Castes and the offices of Sarpanch for the villages Chikhli, Chimla, Maliyadhara and Talavchora came to be allotted to the socially and educationally backward classes. Consequently, the petitioner moved an amendment and prayed for a further relief challenging the notification dated 27.10.2016 (Annexure "HH" to the petition) and seeking a direction to the respondent Collector not to reserve a seat for the Scheduled Castes for the elections for the office of Sarpanch of five village panchayats, viz., Chikhli, Chimla, Maliyadhara, Talavchora and Vankal of Chikhli Taluka and to issue a fresh notification reserving the seats as stated in paragraph-17 of the petition.
(3.) The facts stated briefly are that the petitioner is the present Sarpanch of Vankal village, whose term would expire in January, 2017. The present petition relates to five village panchayats, viz., Chikhli, Chimla, Maliyadhara, Talavchora and Vankal of Chikhli Taluka, Navsari District, where the population of non-tribals is more than 75% of the total population of the village panchayat.;


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