( 1 ) LEAVE to add Siraj Mohammad Patel as respondent No. 5. Rule returnable forthwith. Mr. Anjaria for the State Election Commission (respondent No. 4), Ms. Trusha Patel, learned A. G. P. for respondent Nos. 1 to 3 and Mr. Vaghela for mr. Siraj Mohammad Patel (who is permitted to be joined as respondent No. 5 and who is one of the contesting candidates) waive service of Rule for the respective parties.

( 2 ) ELECTIONS to Sanjali Gram Panchayat were required to be held before 17-1-2007. The elections were not held, and therefore, this Court had to issue a writ of mandamus following the decision of the Apex Court in Kishansing tomar v. Municipal Corporation of the City of Ahmedabad, AIR 2007 SC 269 : 2007 (1) GLR 332 (SC ). By our order dated 11-5-2007, we directed the authorities to hold elections to Sanjali Gram Panchayat at the earliest and in any case before 30-6-2007. We allowed the petition in terms of the following directions :

"3. In view of the aforesaid decision, we direct the respondents to hold elections to Sanjali Gram Panchayat, Ankleshwar Taluka, Bharuch District at the earliest and in any case before 30-6-2007. In the meantime, the authorities shall consider the petitioner s representations objecting to deletion of certain names from the voters list, more particularly, in view of the law laid down in the said decision that the election has to be held on the basis of the electoral rolls which are in force and the elections cannot be withheld on the ground that certain claims and objections are not finally disposed of while preparing the electoral rolls or even assuming that they are not found in accordance with law. "

On 17-5-2007, the State Election Commission declared the election program and 17-6-2007 is the date of polling.

( 3 ) AFTER the aforesaid order, the petitioner apprehended that the list of 2106 voters published on 20-10-2006 was sought to be curtailed substantially by deleting 597 names, and therefore, the petitioner filed Misc. Civil Application No. 1387 of 2007 during the summer vacation praying that the elections be directed to be held on the basis of the last published list of voters i. e. the list published by the State Election Commission on 20-10-2006. At the hearing of the said application, the learned A. G. P. placed on record a copy of order No. 1121 dated 25-5-2007 of the Collector, Valsad clearly stating that the elections shall be held on the basis of the list of voters published on 20-10-2006. The petitioner was accordingly permitted to withdraw the Misc. Civil Application as the grievance in the application did not survive in view of the Collector s order dated 25-5-2007.

( 4 ) THE present application has thereafter been filed on the ground that notwithstanding the statutory provisions and the previous order dated 25-5-2007 of the Collector, on the basis of which the applicant withdrew Misc. Civil application No. 1387 of 2007, the Mamlatdar, Bharuch has passed an order on 1-6-2007 purporting to delete as many as 597 persons from the list of voters published by the Election Commission on 20-10-2006. It is submitted that deletion is purportedly made on the ground that 597 persons in question are bogus voters. It is submitted that no notices were issued to any of them. The petitioner has also produced xerox copies of the election cards issued in favour of some of the voters included in the list dated 20-10-2006 in order to substantiate the case that the deletion is ordered without following the principles of natural justice and without application of mind.

( 5 ) THE relevant provisions of the Gujarat Panchayats Act, 1993 are as under :

"13. Duration of Panchayats and their reconstitution :- (1) Every Panchayat, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its meeting and no longer. (2) An election to constitute a panchayat shall be complete - (a) before the expiry of its duration specified in sub-sec. (1); (b) before the