CHAUHAN HUSAINBHAI ALIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner an elected Sarpanch of Govindpara Gram Panchayat taluka-Veraval district-Junagadh has filed this petition challenging the legality and validity of a notification dated 30/11/1982 by which the respondent No. 2 herein declared the programme of election of Govindpara Gram Panchayat under the relevant provisions of the Gujarat Panchayats Act and the Rules formed thereunder. The legality and validity of the notification is challenged inter alia on the ground that the election was to be held on the basis of census of 1971 and not on the basis of the census figures of 1981. It was also alleged that the list of voters and the division of wards were not proper and in accordance with law.

(2.) As per the programme of election declared by the respondent No. 2 herein the electors were required to file their nomination papers between 15/12/1982 to Dece 17/12/1982 The scrutiny of the nomination papers was fixed on 18/12/1982 The election if necessary was to be held on 16/01/1983 and the counting was to be held on 17/01/1983 The respondent No. 2 further issued election notice as per Rule 7 of the Election Rules wherein it was specifically notified with regard to time date and place of receipt of nomination papers and scrutiny thereof. In this notice further details with regard to other stages of election were also given. This notice is produced at Annexure-G to the petition:

(3.) The petitioner filed the present petition on 14/12/1982 It was moved for urgent circulation on the same day. On the same day the Court passed the following order. Notice pending admission returnable on 17/12/1982 On Dec 17/12/1982 nothing appears to have happened. On 22/12/1982 the Court has passed orders as follows :