Gujarat High Court High Court

Pratapsinh vs State on 10 July, 2008

Gujarat High Court
Pratapsinh vs State on 10 July, 2008
Bench: Jayant Patel
  
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 

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*