SALAMBHAI LAKHABHAI KHANT Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
SALAMBHAI LAKHABHAI KHANT
STATE OF GUJARAT
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(1.)Being aggrieved and dissatisfied by the judgment and order dated 17/05/1988 passed by the Additional Development Commissioner Gujarat State in Revision Application No. 136 of 1987 the petitioners have filed this revision application. By the impugned order Additional Development Commissioner has set aside the Resolution dated 30-6-1987 as per agenda No. 1 passed by the Taluka Panchayat Balasinor district Kheda.
(2.)On 27/03/1987 the meeting of the Taluka Panchayat Balasinor was called to consider the budget for the year 1987-88 and constitute the Executive Committee and Social Justice Committee. In the said meeting budget for the year 1987-88 was not passed. For that Resolution No. 1 was passed rejecting the approval of the budget. Election of the Executive Committee was held and as per Resolution No. 2 members who secured more votes were declared to be elected as members of the Executive Committee. By Resolution No. 3 members who had secured more votes were declared to have been elected as members of the Social Justice Committee. These Committees were constituted as per the provisions of Sec. 111(1) & (2) of the Gujarat Panchayats Act. Other resolutions were also passed in the said meeting. Below the said resolutions and the proceedings there are the signatures of the Taluka Development Officer Balasinor and the President of the Taluka Panchayat Balasinor. Thereafter there is a note by the President that he was not agreeing with the Resolutions Nos. 1 to 3 because there was violation of the Act which disqualifies the persons who change the party. As par the endorsement below it the copies of the said resolutions were sent to all members of the Taluka Panchayat to the District Development Officer Kheda and all branches of Taluka Panchayat Balasinor and also one copy was placed on the Notice Board in the office of the Taluka Panchayat.
(3.)Thereafter the meeting of the Taluka Panchayat was held on 20/06/1987 In that meeting minutes of the meeting of 27/03/1987 were placed for confirmation. Minutes were not confirmed and resolution was passed for reconstituting Executive Committee and Social Justice Committee. Proposals for appointing 9 persons as members of the Executive Committee and 10 persons as members of the Social Justice Committee were approved. At that time the Taluka Development Officer pointed out that under Rule 13A of the Gujarat Taluka and District Panchayats (Procedure) Rules 1963 (hereinafter referred to as the Procedure Rules) the aforesaid resolution cannot be passed and therefore he was not agreeing to it.
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