LAWS(GJH)-2009-1-109

MADHUBEN PRAVINBHAI PATEL Vs. VADODARA DISTRICT PANCHAYAT

Decided On January 12, 2009
MADHUBEN PRAVINBHAI PATEL Appellant
V/S
VADODARA DISTRICT PANCHAYAT Respondents

JUDGEMENT

(1.) THE petitioners by this petition have prayed for the relief, inter alia, to quash and set aside the order passed by the learned Civil Judge dated 16. 1. 2003 and it is prayed to direct respondents No. 1 to 3 to implement in letter and spirit the resolution No. 92 passed by the Chhani Village Panchayat in its meeting held on 13. 1. 2003.

(2.) IT appears that it is an admitted position that the election of Chhani Gram Panchayat had taken place on 23. 12. 2001 and all the Members of the Gram Panchayat came to be elected at the said election. It also appears that the motion of no confidence was passed against the Sarpanch and Deputy Sarpanch. However, since the injunction was granted in Civil Suit was preferred being Regular Civil Suit No. 67 of 2003 before the Court of Civil Judge (S. D.), Vadodara and in the said Civil Suit, an application for temporary injunction was submitted and the learned Civil Judge had granted ad-interim injunction, the present petition was preferred.

(3.) THIS Court on 13. 3. 2003, after hearing both the sides, had passed the following order:-