( 1 ) BY a notification dated 28/11/1991, issued by the Development Commissioner in exercise of the powers under Sec. 9 (2) of the Gujarat Panchayats Act, 1961, local area known as Ramnagar came to be separated from the local area comprising Bavala Nagar panchayat and it was further declared that after division, the local area comprising Bavala Nagar Panchayat shall be known as Bavala Nagar panchayat covering the area of Bavala Revenue village and Ramnagar Gram panchayat covering the area of Ramnagar New Vasahat. This notification was challenged by the President of Bavala Nagar Panchayat by filing a petition in this Court, being Special Civil Application No. 9001 of 1991. The learned single Judge who heard the said petition, rejected the same summarily on the ground that the decision to bifurcate Bavala nagar Panchayat cannot be said to be otherwise than in accordance with law and that it cannot be said that there was no consultation as required under the provisions of Sec. 9 of the Act. The President of Bavala Nagar panchayat has, therefore, filed this appeal.

( 2 ) THE learned Counsel appearing for the appellant submitted that with respect to the proposal to split up