Disposed

Maganji Okhaji Thakore v. State of Gujarat

Gujarat HC17 Mar 2021SCA/4608/2021

Case brief

AI extract

What is this about?

In this special civil application challenging an order of disqualification from a Gram Panchayat, the Supreme Court directed the respondent-State to expeditiously decide the pending revision application under the Gujarat Panchayat Act within four months. Upon this direction, the petitioner withdrew the petition, and the Court disposed of the matter without adjudicating on the merits.

What did the court decide?

Petitioner withdrew the petition following direction to decide revision application within 4 months. Court disposed of special civil application as withdrawn.

Maganji Okhaji Thakore Vs State of Gujarat — Gujarat HC (2021) — LawSathi Research

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C/SCA/4608/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 4608 of 2021

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MAGANJI OKHAJI THAKORE

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Versus STATE OF GUJARAT

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Appearance:

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MR HARNISH V DARJI(3705) for the Petitioner(s) No. 1 MS. NIDHI VYAS, AGP for the Respondent(s) No. 1 for the Respondent(s) No. 2,3,4

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================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 17/03/2021 ORAL ORDER

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Heard learned advocate Mr. Harnish V. Darji appearing for the petitioner and learned Assistant Government Pleader Ms. Nidhi Vyas for the respondent-State through video conference.

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By way of this petition, the petitioner has prayed for the following reliefs;-

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“ (B) To issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and be pleased to quash and set aside the impugned order No.A.1/PANCHAYAT/BADARPUR(KA)/KALAM 30/ VASHI. 865 District Development Officer, Palanpur and further be pleased to hold that respondent No. 4 is disqualified from being member of the Badarpura Gram Panchayat, in view of disqualification as per Section 30(m) of the Gujarat Panchayat Act, 1993, as he had fourth child born on 04/04/2013, in the interest of justice.

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(C) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court be pleased to stay the operation, implementation and execution of order dated 15/20-10-2020, passed by the District Development Officer, Palanpur, in the interest of justice.

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Since the petitioner has challenged the order dated 15/20-102020 passed by the District Development Officer Palanpur, learned Assistant Government Pleader, at the outset, pointed out that this petition is misconceived and the petitioner is required to approach

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Page 1 of 3

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C/SCA/4608/2021 ORDER

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the State Government or its authority prescribed under the Act by filing appropriate application being Revision Application under Section 32(2) of the Gujarat Panchayat Act, 1993 (for short “the Act”), and therefore, she has submitted that looking to the prayer made in petition, the petitioner is relegated to avail the aforesaid alternative remedy.

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Learned advocate Mr. Darji has submitted that the petitioner would not mind to avail appropriate alternative remedy available to him under Section 32(3) of the Act. However, learned advocate Mr. Darji apprehends that if the petitioner approaches before the State Government or it authority in that case, the authority may not take long time in deciding the application considering the nature of litigation.

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Learned advocate Mr. Darji has submitted that if the authority is directed to hear and decide the revision application that the petitioner may prefer challenging the order passed by the DDO, Palanpur dated 15/20-10-2020 within some time bound schedule in that case, he would not press the present petition with a view to avail alternative remedy available to him.

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In view of the aforesaid submission, it is directed that in case the petitioner prefers revision application challenging the order dated 15/20-10-2020 passed by the DDO, Palanpur by preferring revision application as provided under Section 32(2) of the Act, the respondent No. 1 or any authority prescribed under the Act is directed to hear and decide the aforesaid revision application of the petitioner preferably within a period of 4 months from the date of receipt of the order of this Court and to pass reasoned order on the application that the petitioner may prefer.

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Page 2 of 3

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C/SCA/4608/2021 ORDER

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In view of the aforesaid direction, learned advocate Darji does not press this petition. It is clarified that this Court has not gone into the merits of the matter and the authority, while deciding the revision application that the petitioner may file, may not get influence by that time, the petitioner has withdrawn this petition before this Court.

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With the aforesaid direction, the present petition stands disposed of as withdrawn. No order as to costs. Direct service is permitted.

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Sd/- (NIRZAR S. DESAI,J)

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VISHAL MISHRA

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Page 3 of 3

Maganji Okhaji Thakore v. State of Gujarat

Case brief

What is this about?

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Maganji Okhaji Thakore v. State of Gujarat

Case brief

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