SCA/9071/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9071 of 2008 With SPECIAL CIVIL APPLICATION No. 8765 of 2008 With SPECIAL CIVIL APPLICATION No. 8152 of 2008 With SPECIAL CIVIL APPLICATION No. 8414 of 2008 With SPECIAL CIVIL APPLICATION No. 8787 of 2008 ========================================================= PRATAPSINH SHIVSINH SOLANKI - Petitioner(s) Versus STATE OF GUJARAT & 16 - Respondent(s) ========================================================= Appearance : MR UM SHASTRI for Petitioner(s) : 1, MS HANSA PUNANI, AGP for Respondent(s) : 1, None for Respondent(s) : 2 - 17. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 10/07/2008 ORAL ORDER
Prima
facie, it appears that as per Section 6 of the Gujarat Provisions
for Disqualification of Members of Local Authorities for Defection
Act, 1986, the question is required to be referred to Chief
Secretary to the State Government, or to such officer, not below the
rank of Secretary of any department of State Government. Therefore,
such powers can be assigned to such officer not below the rank of
the Secretary, but he has also to be the Secretary of any department
of the State Government, and it may not be permissible for the State
Government to designate other officer, who is not working as the
secretary of any department of the State Government. The officer,
who is so authorised is Managing Director of Gujarat Tourism
Development Corporation, and though may be of the rank of Secretary,
but as is not the Secretary of any department of State Government,
the same may not be permissible.
Ms.
Hansa Punani learned AGP seeks time to inquire from the State
Government as to whether the State Government is desirous to
designate any officer, who is Secretary in any department of the
State Government or not.
S.O.
to 15.7.2008. Office to supply the copy of the order to the
learned AGP. IR to continue in Special Civil Application No. 8414 of
2008 till then.
(JAYANT PATEL, J.)
Suresh*