LILADHAR KHODAJI VAGHELA Vs. DIPANKOR BASU DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) The petitioner before us has filed the abovesaid Special Civil Application to revoke the order passed by the first respondent therein on 10/10/1984 on the application preferred Soy respondent No. 4 under Sec. 67(6) of the Gujarat Panchayats Act 1961 Various other reliefs have been prayed for in this Special Civil Application. It is (notsic) necessary for us to quote all these prayers except stating few facts for the purpose of disposing of this petition.

(2.) The petitioner contested the election to the Banaskantha District Panchayat and was elected as the President in the meeting held on 9/10/1984 This election was challenged by the other Members before the Development. This is by virtue of the provision under sec. 67(6) of the Gujarat Panchayats Act. The Development Commissioner granted injunction against the petitioner herein and hence the petitioner has come forward wit-h the abovesaid Special Civil Application. This Court has stayed the order of the Development Commissioner with the result the petitioner continued to act as the President of the Banaskantha District Panchayat. This order was made by the High Court on 6/11/1984.

(3.) It is now stated before this Court by Mr. Nanavaty the learned counsel appearing for the petitioner that the petitioner got elected as the Member of the Legislative Assembly in the election held in 1985. Once the member is elected as the Member of the Legislative Assembly he becomes associate member of the District Panchayat by virtue of sec. 15(5) (iii) of the Gujarat Panchayats Act. Sec. 15 (2) states that a District Panchayat shall have a President and a Vice-President elected by its elected Members from amongst themselves. Since the petitioner has become associate member of the Panchayat he ceased to be the elected Member of the Panchayat and as such he cannot be entitled to be elected as a President or Vice-President of the Panchayat. This petitioner in spite of the fact that he was elected as the Member of the Legislative Assembly wanted to continue as the President and as such filed Special Civil Application before this Court for getting an order from the Court in order to continue as the President of the Panchayat.