LAVJIBHAI NARANBHAI Vs. RAMJIBHAI HETABHAI

JUDGEMENT

(1.) This Special Civil Application relates to Village Panchayats Elections. The main contention in the application is that the Collector of Mehsana having formed the wards in the village Tavadiya under section 10 of the Bombay Village Panchayats Act 1958 (which for convenience will hereinafter be referred to as the Act) had no authority to reform the wards for the purposes of the same election. It is contended in the petition that the reformation for the purposes of the election of the wards by the Collector who had previously formed the wards in a different manner is illegal and void. It is also contended that this formation is contrary to Art. 15 of the Constitution as the reformation is based on communal considerations.

(2.) Most of the facts are admitted and are as follows:

(3.) The petitioner impleaded two respondents the Collector being respondent No. 2. The Collector appeared by a counsel who stated that the Collector was not interested in the proceedings and would abide by whatever order was passed in the matter. Respondent No. 1 however strongly opposes the petition and it is contended for him that the Collector was justified in re-forming the wards that the Collector had authority to form and re-form the wards that the point that the Collector had no authority to re-form the wards was not taken up by the petitioner when he appeared before the Collector and that therefore this point cannot be taken up before the High Court in the Writ Petition. It is also contended that no prejudice had been caused to the petitioners by the re-arrangement or re-formation of the wards and that there is no averment in the petition that any prejudice had been caused to the petitioner. It is also contended that the order dated 29-3-1961 is an administrative order and therefore no writ in the nature of Certiorari can be issued in respect of such an order. It is also contented that in fact there has been no re-distribution of wards because the formation of wards was not completed by publishing the Voters Lists in due manner. It is lastly contended that the validity of the election does not depend on the formation or non-formation of the wards and that therefore the petition should be dismissed.