SURYASINHJI LAXMANJI DABHI Vs. GANDHINAGAR DIST PANCHAYAT

JUDGEMENT

(1.) Rule, Shri H.S. Munshaw, Learned Advocate waives rule on behalf of the respondent No.2 and 3. Shri P.J.Patel, Learned Advocate waives service of rule on behalf of the respondent No.5. With the consent of the parties, the matter is taken up for final hearing today.

(2.) In this petition under Article 226 of the Constitution of India, the petitioners have challenged the legality and validity of the order passed by the District Development Officer, Gandhinagar dated 16.8-2004 in cancelling the election of the President of the Taluka Panchayat, Gandhinagar,

(3.) The petitioners are the elected members of the Taluka Panchayat, Gandhinagar. The first meeting of the Taluka Panchayat, Gandhinagar was convened on 12.8,2004 for the purpose of election of the President of the Taluka Panchayat,. The petitioner No.1 contested the election of the President of the Taluka Panchayat, Gandhinagar. One Thakore Kacharaji Babaji also contested the election for the post of President, of the Taluka Panchayat, Gandhinagar. The election took place on 12.8.2004 and the petitioner No.l herein secured 17 votes and another candidate Thakore Kacharaji Babaii got 12 votes. The strength of the Taluka Panchayat, Gandhinagar is 29 and therefore, the petitioner No.l was declared to be elected as President of the Taluka Panchayat, Gandhinagar. It seems that in the said meeting, the President of the Taluka Panchayat, Gandhinagar and one MLA were present. The Taluka Development Officer made a report to the District Development Officer under Section 63(8) of the Gujarat Panchayat Act, 1993 on the basis of the objections raised by the defeated member as well as the members other than the petitioners objecting to the presence of the aforesaid two persons and on the basis of the same, the District Development Officer has passed, an order on 16.8.2004 cancelling the election of the Taluka Panchayat, Gandhinagar by holding that in the meeting. it was not permissible for the President of- the District Panchayat as well as MLA to remain present and therefore, the meeting which was convened and held was contrary to the provisions of the Gujarat Taluka & District Panchayat (Vice President & President) Rules, 1994.