MANSUKHLAL PUNJALAL Vs. ASSISTANT COLLECTOR JAMNAGAR

JUDGEMENT

(1.) Rule. Mr. Champaneri waives service on behalf of respondent Nos. 1, 2 and 3. The petitioner has filed an Election Petition No. 1 of 1993 in the Court of the learned Civil Judge (S.D.), Jamnagar challenging the election of Sarpanch of Gagva Gram Panchayat held on 27-12-1992. An application for interim relief praying for maintenance of status quo was also filed and it was ordered to maintain status quo on that application. However, said application is pending for final hearing.

(2.) Pending final hearing of that application for interim relief, the petitioner applied for an order of discovery under Order 11 Rules 12, 13 and 14 of Civil Procedure Code, 1908 (Code for short). Said application was filed to procure certain additional evidence to substantiate his application for interim relief. The learned Judge after hearing the parties, was pleased to dismiss the said application on the ground that procedure under the Code is not applicable to such cases.

(3.) The petitioner being aggrieved by the said order has preferred this C.R.A. challenging the said order. Mr. Nanavati, learned Advocate for the petitioner challenged the said order on the ground that in view of the provisions of sub-sec. (2) of Sec. 24 of the Gujarat Panchayats Act (Panchayats Act for short); the Judge, in the course of inquiry of such application, may exercise all the powers of Civil Court and therefore, the provisions of Order 11 Rules 12, 13 and 14 are also applicable and refusal of the application on the ground that the procedure under the Code is not required to be followed is erroneous. He further contended that on a proper reading of Sec. 24 of the Panchayats Act, it becomes clear that not only some but practically all the provisions of the Code are applicable except those which are specifically barred. The learned Advocate has referred to sub-sec. (4) of Sec. 24 of the Panchayats Act, which reads as under :