MUKESHBHAI DHANJIBHAI GAUVIT SARPANCH ROHIYAL TALAT Vs. STATE OF GUJARAT THRO SECRETARY PANCHAYAT AND ORS

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned circular dated 21.3.2012 (Annexur A) issued by respondent No. 2 in so far as declaring the election programme qua election of respondent No. 4 Panchayat as well as consequential order passed by the Prant Officer, Pardi as Officer of the State Election Office (Annexure B) appointing the Returning Officer for the election of respondent No. 4 Panchayat.

(2.) The facts leading to the present Special Civil Application in nutshell are as under:

(3.) Shri S.K. Patel, learned advocate for the petitioner has vehemently submitted that after the notification dated 9.10.2009, constituting new Gram Panchayat i.e. Rohiyal Talat Group Gram Panchayat, general election of respondent No. 4 panchayat took place on 205.2010 wherein the petitioner has been elected as Sarpanch of said Panchayat. It is submitted that as per notification dated 5.2010, by which, election programme of respondent No. 4 was declared it was specifically mentioned that the General Election has been held. It is submitted that the election which was held on 26.2010 was not a by election and/or election for the remaining period and therefore, as per Section 13(1) of the Act and as per Article 243(e) of the Constitution of India, as the duration of the Panchayat is for a period of five years, the term of the petitioner as Sarpanch and as elected body of respondent No. 4 Panchayat would be upto 22.6.2015. It is submitted that, therefore, impugned action of respondent in declaring election of respondent No. 4 Panchayat/holding election of respondent No. 4 Panchayat prior to 22.6.2015 is absolutely illegal and contrary to the provision of the Act.