AMBAJI GRAM PANCHAYAT Vs. MANUBHAI J SUTHAR

JUDGEMENT

(1.) Mr. Munsha waives service of rule on behalf of the respondent. At the instance of the learned Counsel for both the sides, this matter is being finally decided.

(2.) The petitioner Panchayat challenges the orders dated 11th January, 1993 and 10th May, 1993 passed by the respondent Taluka Development Officer, suspending various resolutions of the Gram Panchayat. By order dated 11th January, 1993 various resolutions from year's 1983 owards of the Gram Panchayat under which appointments were given to the posts under the Panchayat were suspended. On 20th February, 1993 the Panchayat made other resolutions which are at Annexure "H" to the petition. From amongst these resolutions, resolution Nos. 164, 165, 172 and 173 were suspended by the respondent by his order dated 10th May, 1993 on the ground that they were not proper.

(3.) Amongst the resolutions which were made on 20th February, 1993 the resolution No. 164 under agenda No. 9 was passed for filing an appeal against the order of the Taluka Development Officer dated 11th January, 1993. Under Sec. 294(1) of the Gujarat Panchayats Act, 1961, the Taluka Development Officer was empowered to suspend the execution of any order or resolution of the Panchayat which was unlawful. The orders made by the Taluka Development Officer under Sec. 294(1) could be challenged before the State Government under Sec. 305 of the Gujarat Panchayats Act, 1961. It is common ground that the powers of the State Government in such cases are exercised by the Development Commissioner. Therefore, the orders which were made by the Taluka Development Officer in exercise of his powers under Sec. 294(1) could be challenged by the petitioner- Panchayat before the Development Commissioner under Sec. 305 of the Act of 1961. The earlier Act is replaced by Gujarat Panchayats Act, 1963, in which provisions similar to Secs. 294 and 305 are contained in Secs. 249 and 259 respectively. Accordingly, the petitioner-Panchayat could have challenged the orders of the Taluka Development Officer under Sec. 259 of the Act of 1963 which empowers the State Government to call for and examine the record of proceeding of any Officer for the purpose of satisfying itself as to the legality or propriety of any order passed and empowers it to revise or modify the order as it shall deem just.