AMBASHANKER GAURISHANKER PANDYA Vs. D G VALAVADIA
HIGH COURT OF GUJARAT
AMBASHANKER GAURISHANKER PANDYA
D G Valavadia
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(1.)A short question arises for consideration of this court in the present petition under Art. 226 of the Constitution of India. It centers round the consideration of the provisions of sec. 63(2) of the Gujarat Panchayats Act 1962 hereinafter referred to as the Panchayat Act.
(2.)In order to appreciate the grievance of the petitioners voiced in the present petition a few relevant facts may be stated.
(3.)One Mahasukhbhai Bhatt was elected as President of Talaja Taluka Panchayat somewhere in January 1981 and his term as President was for a period of 5 years. Thus he could have gone on acting as President of the Talaja Taluka Panchayat upto the beginning of 1986. But unfortunately for him he was involved in a criminal case and therefore he was suspended from the office of the President of the Talaja Taluka Panchayat during the pendency of the criminal case in accordance with the provisions of sec. 63(1) of the Panchayat Act. Moment he got suspended the procedure laid down by sec. 63(2) was required to be followed be the election authority. The said sub-section which is relevant for our present purpose is reproduced as under:
"63 Where any President or vice-president has been suspended under sub-sec. (1) another member shall subject to the condition to which the election of the President or as the case may be Vice-President so suspended was subject be elected to perform all the duties laid exercise all the powers of a President or a vice-President daring the period for which such suspension continues. (Emphasis supplied)"
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