PATEL SHANKERBHAI BHAILALBHAI Vs. BARODA DISTRICT PANCHAYAT

JUDGEMENT

(1.) THE petitioner, Sarpanch of Naria Gram Panchayat, wants an interim injunction during the pendency of the suit against the proceedings for his disqualification and consequent vacancy under Sec. 25 read with Sec. 23 of the Gujarat Panchayats Act. The trial court granted and confirmed such injunction. However, the lower appellate court has vacated the same, and in this revision application, the petitioner has submitted that the lower appellate court has erred in vacating the interim injunction during the pendency of the suit.

(2.) THE petitioner -plaintiff has been proceeding against disqualification on the ground that he had failed to pay panchayat dues inspite of special notice and for a period of three months thereafter and thereby he had incurred the disqualification. Section. 23(1)(i) provides that :

(3.) THE facts summarised by the lower appellate court show that the petitioner -plaintiff had taken a loan of Rs. 2942/ - for air spread for his field and also executed Karajkhat for the loan amount and also executed promissory note to the District Panchayat. Naria village Karyakari Sahakari Mandal also gave undertaking for the same and stood as guarantor. The said sum was to be repaid as per the terms and conditions on or before 20 -2 -79. The amount had remained outstanding and so notice dt. 14 -4 -82 was served to the plaintiff and the plaintiff asked for time for payment and admitted his liability to pay the amount to the District Panchayat. The plaintiff failed to pay even thereafter inspite of the special notice being served to him and disqualified himself as Sarpanch. The learned Counsel for the petitioner has raised two contentions.