( 1 ) THE petitioners have challenged the order dated 10. 5. 1983 at annexure "a" to the petition made by the Development Commissioner, State of Gujarat, under Sec. 298 (1) (iv) of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the said Act"), directing allocation of the nine employees name therein for absorption in the idar Nagar Panchayat on the ground that they were the employees affected by the alteration of the limits of the Panchayat.

( 2 ) THE Idar Nagar Panchayat was the original petitioner in this matter and is now succeeded by the Idar Municipal Borough which has prosecuted this petition by substituting itself for the original petitioner No. 1, in view of the conversion of the panchayat into a Municipal Borough. The case of the petitioners is that the survery Nos. 41 and 42 which are purported to have been transferred under the Notification dated 16. 1. 1971 issued by the State Government under Sec. 9 (2) of the said Act from the jawanpura Group Gram Panchayat, the respondent No. 3 herein, to the Idar Nagar panchayat, by including the said area in the Idar Nagar Panchayat and excluding it from the respondent No. 3 Panchayat was only a