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2002 Supreme(Guj) 745

P.B.MAJMUDAR
THASARA VILLAGE PANCHAYAT – Appellant
Versus
P. D. VAGHELA OR HIS SUCCESSOR IN OFFICE – Respondent


Advocates Appeared: B.S.PATEL, H.S.MUNSHAW, RANJAN B.PATEL, SONALBEN VYAS

P. B. MAJMUDAR, J.

( 1 ) IS it the mandate of the Legislature that moment a Panchayat fails to pass budget on or before 31st March of the current year, the said Panchayat is required to be dissolved / superseded, or whether any discretion is left with the State Government not to effect dissolution or supersession of the said Panchayat even if such budget is not passed within the stipulated time, is the question which arises for consideration of this Court in this Special Civil Application.

( 2 ) ELECTION of Thasara Village Panchayat, the petitioner herein, took place in January, 2002. On the basis of the election of the Village Panchayat, the first meeting of the Panchayat was held on 21st January, 2002. Thereafter, the Sarpanch convened the meeting for approving the budget estimate on 27th March, 2002. However, in the aforesaid meeting, the Panchayat failed to pass the budget. Therafter, the Sarpanch again called the meeting on 5th April, 2002, for approving the Budget. Even in the said meeting, the budget could not be approved. On May 13, 2002, the petitioner-Panchayat passed a No Confidence Motion against the Sarpanch and, thereafter, on 22nd May, 2002, the Village Panchayat, on













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