CHATRASINH MANSINH MAHIDA Vs. INDRAVADAN RATILAL PATEL

JUDGEMENT

(1.) Should the court pass an ex-parte ad-interim order staying the process of election of a Panchayat and thereby countermand the mandate of the people? WouLd this be in consonance with the basic principles of democracy ? these questions are at the centre of controversy required to be resolved in this petition.

(2.) The respondents No. 1 and 2 filed a suit being Regular Civil Suit No. 861 of 1985 in the Count of Civil Judge (SD) Vadodara and prayed that the Notification (Annexure A) dated 5/06/1985 issued by the Deputy Collector and Returning Officer of the Election of Tarsali Gram Panchayat the declared illegal and void and the proceedings taken by the respondents-original defendants be also declared illegal and void and they be restrained from holding the election and be directed to convert the Grant Panchayat into Nagar Panchayat and be further directed to declare the Gram Panchayat as Nagar Panchayat. The aforesaid suit was filed on 13/06/1985 On the same day the respondent-Plaintiff submitted an application Exh. 5 praying that the respendants be restrained from proceeding further with the election pursuant to the Notification dated 5/06/1985 The trial court directed the respondents to maintain status quo till further orders and made the notice returnable on 18/06/1985

(3.) The aforesaid order passed by the trial court is challenged in this petition. It is an undisputed position that on 18/06/1985 or on any day thereafter till today further proceedings before the trial court have not taken place. This is so because almost all the staff members in District Court and subordinate courts of Vadodara district are on strike and therefore the normal functioning of courts is not possible. The employees are on strike on account of the agitation against roster system in the State Government services.