LAWS(GJH)-2011-7-202

MAHENDRABHAI CHANABHAI KANDOLIYA Vs. VAKATAR BHAGVANJIBHAI DEVABHAI

Decided On July 27, 2011
MAHENDRABHAI CHANABHAI KANDOLIYA Appellant
V/S
Vakatar Bhagvanbhai Devabhai And Ors Respondents

JUDGEMENT

(1.) By way of the present application, the applicant, newly elected Sarpanch of Bandra Village Panchayat, Tal. Gondal, Dist. Rajkot has prayed to review/recall the order passed by this Court dated 10th May, 2011 in LPA No. 2593 of 2010, arising from judgment and order passed by learned Single Judge in SCA No. 10991 of 2010.

(2.) The facts relevant for the purpose of deciding this application and also giving rise to this application can be summarized as under : -

(3.) It is the case of the applicant that all these facts were not brought to the notice of this Court and therefore, this Court was unable to take cognizance of the subsequent events which took place between the date of removal of respondent No.1 from the office of Sarpanch, till the date of passing of the judgment and order in appeal. It is the case of the applicant that since he has already been elected as a Sarpanch, this Court could not have passed an order allowing respondent No.1 to resume his office of Sarpanch. Under these set of facts and circumstances of the case, the applicant has prayed to recall or review the part of the order where this Court has said that the appellant - original petitioner is allowed to resume his office of Sarpanch.