LAWS(GJH)-2004-7-63

PINKIBEN JIVABHAI PATEL Vs. STATE OF GUJARAT

Decided On July 28, 2004
PINKIBEN JIVABHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Leave to join District Panchayat, Ahmedabad, through District Development Officer, Ahmedabad as party respondent No.5. Draft Amendment allowed. Petitioner to carry out the same.

(2.) Rule. Shri Sood, learned AGP waives service of Rule on behalf of respondent No.1, learned advocate, Shri B.I. Mehta waives service of Rule on behalf of respondent No.2 and Shri Joshi, learned advocate waives service of Rule on behalf of respondents No.3 and 4. With the consent of the parties, the matter is taken up for final hearing today.

(3.) By way of this Special Civil Application under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the order passed by the Taluka Development Officer, City Taluka, Ahmedabad, dated 16.7.2004 in quashing and setting aside the resolutions of Nikol Gram Panchayat dated 1st March 2004, 30th April 2004 and 1st June 2004 whereby it is declared that the respondents No.3 and 4 cease to be members of the Gram Panchayat as they have remained absent for four consecutive months from the meetings of the Panchayat without the leave of the Panchayat.