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SCA/23114/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 23114 of 2006
=========================================================
CHAUDHARY
DALJIBHAI KACHARABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MAHESH BHAVSAR for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 13/11/2006
ORAL
ORDER
The
petitioner has preferred the petition for the reliefs, inter alia,
to direct the State Government to take appropriate decision for
division/bifurcation of two Gram Panchayats before the expiry of the
term of the present elected body and the petitioner has also prayed
to direct the respondents to make the appointment of an
administrator to take care of the functions of the Gram Panchayat
till the proposal of bifurcation is decided by the State Government.
Heard
Mr.Bhavsar, learned Counsel for the petitioner. The contention
raised on behalf of the petitioner is that earlier upon the proposal
of the Gram Panchayat and the recommendation by the Taluka and
District Panchayats, the State Government has passed the order of
bifurcation of Gram Panchayat. However, the same was objected by
the elected body and the writ petition being SCA No.9 of 1998 was
filed, the interim stay was granted and ultimately this Court, as
per the judgement dated 22.3.2000 quashed the order of bifurcation
and further observed that the Respondent No.1 State Government is
free to pass a fresh order after having effective consultation with
the Gram Panchayat concerned. Mr.Bhavsar further submitted that
after the aforesaid order, the Gram Sabha has passed the resolution
once again for bifurcation and the same is forwarded and is already
recommended by the Taluka and District for bifurcation and he has
submitted that such proposal must be decided before the next
election, otherwise the same, if not decided and the election takes
place, it would be objected by the elected body that the statutory
term is not over and further complications may arise and, therefore,
he submitted that this Court may direct the State Government to
decide the proposal pending before the State Government. He also
submitted that alternatively this Court may direct the State
Government to decide the proposal in either way within some
stipulated time limit.
Having
considered the above, it appears that the constitution of the Gram
Panchayat or bifurcation is a quasi legislative action of the State
Government and in normal circumstances, the writ would not be issued
by this Court to the authority to take action having legislative
character. Merely because the proposal is forwarded is no ground to
direct the authority to take a legislative or quasi legislative
action. Therefore, considering the facts and circumstances, it
would not be a case to entertain the petition. Hence, the present
petition is not entertained and dismissed.
13.11.2006 (Jayant
Patel, J.)
vinod
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