Gujarat High Court

SCA/2296/1988 of MOHMED MADHAVSANG RAJ Vs ADDI.DEVELOPMENT COMMISSIONER. on 2 August 1995

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Decision: 2nd August 1995 SPECIAL CIVIL APPLICATION NO. 2296 of 1988 FOR APPROVAL AND SIGNATURE THE HONOURABLE MR. JUSTICE A.N. DIVECHA 1. Whether Reporters of Local Papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether their Lordships wish to see

���Date of Decision: 2nd August 1995

SPECIAL CIVIL APPLICATION NO. 2296 of 1988

FOR APPROVAL AND SIGNATURE

THE HONOURABLE MR. JUSTICE A.N. DIVECHA

1. Whether Reporters of Local Papers may be allowed to see the judgment? No

2. To be referred to the Reporter or not? No

3. Whether their Lordships wish to see the fair copy of judgment? No

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder? No

5. Whether it is to be circulated to the Civil Judge? No

------------------------------------------------------------- hri Bharat S. Patel, Advocate, for the Petitioner Shri V.B. Gharaniya, Asst. Govt. Pleader, for Respondent No.1

Shri H.S. Munshaw, Advocate, for Respondent No.2

-------------------------------------------------------------CORAM: A.N. DIVECHA, J.(2nd August 1995)

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ORAL JUDGMENT

The resolution passed by the Managing Committee of theDistrict Panchayat of Bharuch (Respondent No.2 herein) asaffirmed in appeal by the order passed by the AdditionalDevelopment Commissioner in Gandhinagar (Respondent No. 1herein) on 19th April 1988 in Appeal No. 12 of 1986 is under challenge in this petition under Articles 226 and 227 of theConstitution of India. By its impugned resolution, thepetition was removed as the Sarpanch of the Gram Panchayat ofSaran taluka Vaghra under sec. 49(1) of the GujaratPanchyats Act, 1961 (the Act for brief). Copies of theresolution passed by respondent No.2 and the order passed byrespondent No.1 are at Annexures H and K respectively.

2. It appears that the election of the petitioner as thesarpanch took place some time in 1984. The term of hisoffice would be for 5 years under the Act. That term mighthave expired long back. No useful purpose will be served byexamining the merits of the case at this stage. Thispetition therefore deserves to be disposed of on the groundof its having become infructuous by passage of time.

3. In the result, this petition fails on account of itshaving become infructuous by passage of time. It istherefore rejected. Rule is accordingly discharged with noorder as to costs.

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