GOVINDBHAI CHHAGANBHAI PATANWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend.

(2.) Facts leading to filing of the present Special Civil Application in nut -shell are as under: -

(3.) Shri Majmudar, learned Advocate appearing on behalf of the petitioner has vehemently submitted that Appellate Committee of the District Panchayat is constituted under Section 243 of the Act, 1993, which shall consist of President of the Panchayat and four other members of the Panchayat as may be chosen by the Panchayat from amongst its members. Therefore, it is submitted that it is the Appellate Committee consisting of such members who have to take a decision and who have taken the decision on 12.04.2010. It is submitted that the order passed by the Appellate Committee of the District Panchayat, Bharuch dated 12.04.2010 is not implemented solely on the ground that the Secretary has not signed the said order as he has given the descend note. It is submitted that as such the Secretary of the District Panchayat has to perform only ministerial act and he has no power and/or jurisdiction to adjudicate the matter and/or opine anything on merits of the Appeal and infact he has no jurisdiction to submit a descend note on merits of the Appeal. It is submitted that considering Rule Nos.6 and 7 of the Gujarat District Panchayat Appeal Committee (Procedure) Rules, 1995 (hereinafter to referred as "Rules, 1995"), the Secretary has to perform only ministerial act such as sending the notices for hearing and to sign the notices and whatever the order is passed by the Appellate committee, the same shall be send under his signature. It is submitted that except what is provided under Rule 7, the Secretary of the Panchayat is not required to perform any other duties more particularly the adjudication of the Appeal on merits. Therefore, it is submitted that the action of the respondents in not implementing the order dated 12.04.2010 though the same is a decision by the Appellate Committee of District Panchayat by unanimous decision solely on the ground that the same is not signed by the Secretary requires to be quashed and set aside and the Secretary of the District Panchayat, Bharuch is required to be directed to send the said order to the concerned parties after signing the same as Secretary of the Panchayat as provided under Rule 7 of the Rules and thereafter to implement the same.