AKHIL GUJARAT ADIVASI VIDYARTHI MANDAL Vs. SECRETARY

JUDGEMENT

(1.) BY this petition in the nature of public interest litigation, following prayers are made:

(2.) THE case of the petitioner is that, while applying the Gujarat Panchayats Act, 1993 in the scheduled area, a notification has been issued by His Excellency the Governor of Gujarat in exercise of powers conferred by sub -paragraph (1) of paragraph 5 of the Fifth Schedule to the Constitution of India. The notification, which has been issued in the application of the provisions of the Act of 1993 referred to in column 2 of the table annexed to the notification, the modification, which has been shown, is not justified and the Governor has no power to issue such notification.

(3.) REPLYING to this allegation, the respondents have justified the notification as under: