NARENDRA G BHATT Vs. P N ROYCHAUDHARY

JUDGEMENT

(1.) * * * *

(2.) The petitioners are voters of Vyara Nagar Panchayat (herein- after referred to as Panchayat). Petitioner No. 2 is also a sitting member of the Panchayat. The term of the Panchayat expires on 31/12/1985 The competent authority issued a Notification dated 2-11-1985 (Annexure B) declaring election programme for election of the members of the Panchayat. The petitioners challenge the legality and validity of the issuance of the said Notification Annexure B inter alia on the ground that reconstitution of wards and allotment of reserved seats for scheduled caste scheduled tribe and for women is not in accordance with the established principles laid down by this High Court and not in conformity with the provisions of Rule 43 of the Gujarat Gram and Nagar Panchayat Election Rules 1962 (hereinafter referred to as 1962-Rules. The petitioners also contend that the provisions of Gujarat Panchayat Preparation and Maintenance of Part II of List of Voters Rules 1978 (hereinafter referred to as 1978-Rules) and particularly the provisions of Rule 10 onwards of the aforesaid Rules regarding publication of list of voters in draft and inviting objections regarding inclusion and exclusion of voters in the list and other formalities have not been gone into.

(3.) Counsel for the petitioners has not pressed the first two grounds regarding reconstitution of wards and allotment of reserved seats. Therefore it is not necessary to consider the merits or demerits of these two grounds.