JADEJA VIKRAMSINH RAVUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Special Civil Application a short but important question of law has arisen for consideration of this Court.

(2.) To appreciate this question of law as raised by the learned Counsel for the petitioner in this Special Civil Application, I consider it to be necessary to briefly state the facts of the case.

(3.) In the month of June-July, 1998, the election of the members of the Lodhika Taluka Panchayat, Dist. Rajkot (hereinafter referred to as "Taluka Panchayat") was held. The petitioners are the elected members of the Taluka Panchayat. On 13-7-1998 the first meeting of the newly constituted Taluka Panchayat was held in which one Shri Rathod was elected as its President. Under the order dated 19-6-1998 of the respondent No. 2-Mr. Rathod was ordered to be removed as a President of the Taluka Panchayat. He preferred an appeal before the Development Commissioner against the order aforesaid, which came to be rejected on 16-12-1998. Vide order dated 23-12-1998 the respondent No. 2 ordered that the meeting of the Taluka Panchayat be convened on 21/01/1999 for holding the election of the President of the Taluka Panchayat. The respondent No. 4 is the Vice-President of the Taluka Panchayat. He was also as per the petitioners case appointed as Presiding Officer to preside over the meeting of the Taluka Panchayat to be convened on 21/01/1999. It is the case of the petitioners that they submitted an application in writing to Taluka Development Officer concerned, inquiring therein as to the right of the vote of Vice-President when he presides over the meeting of the Taluka Panchayat to be convened for the purpose of electing the President thereof. The petitioners as per their case were informed by the concerned officer that the respondent No. 4 has right to cast two votes in case of equality of votes.