NATHABHAI DEVABHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule . Mr. N. J. Shah, learned Assistant Government Pleader, wavies service of Rule on behalf of the respondents.

(2.) By way of the present petition, the petitioners have prayed for quashing and setting aside the impugned order dated 28.09.2011 at Annexure -A issued by respondent No. 2 as well as restraining respondent No. 2 from allotting a seat reserved for scheduled caste in village Shree Thoriyali for the Village Panchayat Election, 2011.

(3.) Before referring to the question involved in the petition, it is necessary to mention an important fact that the last election of the panchayats were held in the year 2006, and one seat was reserved for scheduled caste candidates. In the present election, which is scheduled to be held on 29.12.2011 of Village Panchayat of Thoriyali, Tal: Padadhari, District: Rajkot, no seat has been reserved for the scheduled caste or scheduled tribe candidates. In this petition, the petitioners have prayed that the respondents be directed to reserve one seat for scheduled caste candidates, as the last date of filing the nomination papers was 15.12.2011. The writ petition was filed and on 09.12.2011, notice to the respondents was issued which was returnable on 13.12.2011. The respondents filed an affidavit in reply. The affidavit -in -reply did not controvert the facts stated in the writ petition, therefore, the learned AGP was permitted to file additional affidavit -in -reply by 14.12.2011 which has been filed but the writ petition could be taken up for hearing.