IBRAHIM A BHIKHI Vs. ADDL DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) The only point which requires consideration in the present petition is whether the State Government while hearing the appeal under sec. 25(2) of the Gujarat Panchayat Act 1961 (hereinafter referred to as the Act) has the jurisdiction or the authority of law to grant instalments for the payment of the entire dues by the member of the Panchayat to the Panchayat or The Panchayat subordinaie thereto or whether any instalments of the type mentioned above can be granted to any member for the payment of any sum recoverable from him in accordance with Chapter 41 of the Act.

(2.) In order to appreciate the point canvassed by Mr. Raval the learned advocate for the petitioner a few relevant facts may be stated.

(3.) The District Panchayat Broach by its resolution dated June 14 1978 disqualified respondent No. 2 as a member of the Broach Taluka Panch ayat. Annexure A to the main petition is the copy of the said resolution.