PATEL JITENDRAKUMAR SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. P.K. Jani assisted by learned advocate Mr. Jigar J. Gadhavi, learned advocate Mr. Tejas Satta for the applicants in Civil Application no.1 of 2020, learned advocate Mr. Sejal Mandavia for the respondent no.2 and learned Assistant Government Pleader Mr. K.M. Antani for the respondent nos.1 and 3.

(2.) The petitioners have challenged the Notification dtd. 19/11/2019 issued by the respondent - State in exercise of powers provided in Clause(g) of Article 243Q of the Constitution of India read with Sec. - 7 of the Gujarat Panchayats Act, 1993 (for short 'the Act, 1993') by excluding certain local areas shown in column no.5 of the Notification from the local areas of the existing Balol Gram Panchayat of Taluka - District Mehsana shown in column no.3 of the Schedule and new Gram Panchayat viz. Laxmipura/(Balol) Gram Panchayat is constituted.

(3.) Thus, Balol village is bifurcated into two village Panchayats. After the election of the Gram Panchayat of village Balol in 2017, the first meeting of the Gram Panchayat had taken place on 9/5/2017. During the second meeting dtd. 17/5/2017 a resolution was passed by the Balol Gram Panchayat to bifurcate the village panchayat Balol village into two village panchayats i.e. Balol Gram Panchayat and Laxmipura Gram Panchayat.