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1987 Supreme(Guj) 117

A.P.RAVANI
NARANBHAI KHEMDAS PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.G.VAKHARIA, K.H.BAGCHI

A. P. RAVANI, J.

( 1 ) CAN a litigant claim that his matter be not decided at the admission stage and be decided with certain other matters admitted on earlier occasion ? While answering this question it has become necessary to examine and understand how a decision of the Supreme Court is required to be read interpreted and applied to other cases ? These questions arise in the background of the facts that follow.

( 2 ) PETITIONER is Up-Sarpanch of Langhanaj Gram Panchayat which has been ordered to be superseded under Sec. 297 of the Gujarat Panchayats Act by the Development Commissioner respondent No. 2 herein as per his order dated 14/09/1987 The Panchayat is superseded on the ground that it has failed to pass the budget for the year 1987-88. In the meeting of the Panchayat held on 27/03/1987 the budget estimates were placed for approval Majority members of the Panchayat did not approve the same and thus the budget could not be passed. Show cause notice dated 15/06/1987 was served upon the Panchayat. The Panchayat was called upon to explain as to why it should not be superseded since it was in competent and since it had failed to perform its obligatory duly and the functions entrus

















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