Gujarat High Court
Dixant Ishwarbhai Patel & 2 vs State Of Gujarat & 4 on 16 September, 2016
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, A.Y. Kogje
C/SCA/15948/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 15948 of 2016
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DIXANT ISHWARBHAI PATEL & 2....Petitioners
Versus
STATE OF GUJARAT & 4....Respondents
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Appearance:
MR AJ YAGNIK, ADVOCATE for the Petitioners No. 1 - 3
ADVANCE COPY SERVED TO GP/PP for the Respondents No. 1
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 16/09/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Learned counsel for the petitioners has invited Court's attention to the distribution of Sarpanch seats in Olpad taluka to demonstrate the violation of the principle of appropriate rotation, as embedded in Article 242B, Section 52(2) of the Gujarat Panchayats Act, 1993 and Rule 10 of Gujarat Village Panchayats Election of Sarpanch (Manner of Allotment of Reserved Offices of Sarpanch by Rotation) Rules, 1994, and the order passed by this Court in S.C.A. No.13896 of 2011 dated 29.11.2011, in which as per submission there is no further proceedings or the same is enuring till then.
In that view of the matter, when the tabular demonstration of the allocation of the seats Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Sep 20 23:07:47 IST 2016 C/SCA/15948/2016 ORDER clearly indicates that the rotation rules are violated, so far as village Ariyana, village Barbodhan and village Sondalkhara of Taluka Olpad, District Surat are concerned, then let there be order of restraining the respondent Collector, District- Surat, and the State Election Commissioner, so far as three villages are concerned.
Hence, let there be a notice returnable on 30.09.2016.
As this order is passed ex parte, it goes without saying that the otherside will be at liberty to approach the Court prior to the returnable date with appropriate application for modification and/or vacation of the order.
Direct service permitted.
(S.R.BRAHMBHATT, J.) (A.Y. KOGJE, J.) Pankaj Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Sep 20 23:07:47 IST 2016