TAKHATSING GULABSING Vs. CHANDULAL SHIVLAL SHAH

JUDGEMENT

(1.) This is a writ petition filed under Article 227 on the Constitution of India by the petitioner against the opponents praying that the order passed by the opponent No. 5 the Civil Judge Junior Division Modasa Mr. H. P. Vora in an Election Petition No. 1 of 1967 filed by the opponent No. 1 be set aside on the ground that the opponent No. 5 had no jurisdiction to entertain such election petition.

(2.) The facts leading to this petition are briefly stated as under.

(3.) The learned Advocate Mr. Mehta appearing on behalf of the petitioner for Mr. Daru contended that the learned Civil Judge had no jurisdiction to entertain the election petition in which the validity of an election of a Sarpanch of Grampanchayat was challenged. He contended that such election could only be challenged in a proper proceeding filed before a competent authority. In support of his argument he invited my attention to secs. 44(6) 53 24 and 2(5) of the Gujarat Panchayats Act 1961 which will be hereinafter referred to as the Act.