DEVJIBHAI VASHRAMBHAI SOLANKI Vs. COLLECTOR AND COMPETENT AUTHORITY

JUDGEMENT

(1.) Petitioners Nos. 1 2 & 3 are voters of Barwala Nagar Panchayat and they are residing within the limits of the Nagar Panchayat. Petitioners No. 4 is a duly elected member of the Panchayat. The election of the Nagar Panchayat was held on 17/11/1991 In this election one person contested from three different wards. But unfortunately he died before the date of election. Therefore election could not be held for three wards. Thus when the result of the election was declared only 12 members were declared elected out of total strength of 15 members of the Nagar Panchayat.

(2.) After the result of the election was declared the Mamlatdar has ordered to convene the meeting of elected members on 28/11/1991 for the election of Chairman and Vice-chairman of the Panchayat. The petitioners have challenged the legality and validity of the notice and order convening the meeting by filing this petition on November 27 1991 This Court granted ad-interim relief directing that the meeting be held on 28/11/1991 but the business that may be taken shall not be implemented without the permission of the Court. When the petition came up for hearing it is declared that the meeting was convened on 28/11/1991 and the election for the post of Chairman and Vice-chairman has taken place.

(3.) The petitioners contend that as provided under Section 13 of the Gujarat Panchayats Act 1961 a Nagar Panchayat should consist of such number of members which should not be less than 15 and not more than 21. It is submitted that so far as Barwala Nagar Panchayat is concerned there are in all 15 members. But the election of only 12 members has taken place and election in respect of three wards could not be held because one person who was contesting from three different wards died before the date of election. In view of this position it is submitted that there is no validly constituted Panchayat and therefore the meeting for electing the Chairman and Vice-chairman cannot be convened and no such decision can be taken.