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SCA/12624/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12624 of 2008
==========================================
MAL
KAVITABEN RANGJIBHAI & 7 - Petitioner(s)
Versus
DISTRICT
PANCHAYAT & 3 - Respondent(s)
=========================================
Appearance :
MR
TUSHAR MEHTA with MR KETAN D SHAH for
Petitioner(s) : 1 - 8.
None for Respondent(s) : 1 - 2.
MS
SANDHYA NATANI, ASSTT. GOVERNMENT PLEADER for Respondent(s) :
3-4,
==========================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 15/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
What
is challenged in this petition under Article 226 of the Constitution
is the notice dated 8th February, 2008 issued by the
Sarpanch and Talati cum Mantri of Nindka (East) Gram Panchayat,
Fatepura Taluka of Dahod District. In the said notice issued under
Section 58(1) of the Gujarat Panchayats Act, 1993, it is stated that
the petitioners herein remained absent at the meetings of the Gram
Panchayat held on as many as six occasions between 7th
February, 2007 and 16th January, 2008 and therefore, the
petitioners ceased to be members of the Gram Panchayat.
Various
contentions are sought to be advanced by Mr.Tushar Mehta, learned
counsel on behalf of the petitioners to assail the above notice cum
order. We are, however, not inclined to entertain this petition for
the simple reason that, on the basis of the impugned notice dated 8th
February, 2008, the Collector has already issued notification dated
29th September, 2008 (Annexure ?SD??), declaring the
election programme, as per which, the last date for filing nomination
was 4th October, 2008, the date of scrutiny was 6th
October, 2008; and, 7th October, 2008 was the last date
for withdrawing the nomination forms and the date of polling is 19th
October, 2008 i.e. just after four days.
In
this view of the matter, the petition suffers from gross delay,
laches and acquiescence. The petition is, therefore, summarily
dismissed.
[M.S.SHAH,
J.]
[HARSHA
DEVANI, J.]
parmar*
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