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2008 Supreme(Guj) 70

ABHILASHA KUMARI
Unchidhanal Group Gram Panchayat – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Ms. Sneha A. Joshi, for the Petitioners.
Mr. Jaswant K. Shah, Assistant Government Pleader, for the Respondents No. 1 & 2.
Mr. Manish J. Patel, for the Respondent No. 3.
Cases Referred :
Nathabai M. Patel vs. State of Gujarat & Ors., 1993 (2) GLR 992;; Baldev Singh & Ors. vs. State of Himachal Pradesh & Ors., AIR 1987 SC 1239.

Judgment

Smt. Abhilasha Kumari, J.—By filing the present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the validity of the Notification dated 01.10.2007 issued by the Respondent No. 1, in exercise of powers under Section 7 of the Gujarat Panchayats Act, 1993 (“the Act” for short), whereby, Unchidhanal Group Gram Panchayat has been bifurcated and two villages, namely, Tuver and Veekharan, have been separated from the said Group Gram Panchayat by forming a separate Group Gram Panchayat, i.e. Tuver Group Gram Panchayat. During the pendency of the petition, an amendment to the petition has been carried out whereby the petitioners have challenged the orders dated 20.10.2007 and 22.10.2007, appointing an Administrator for the newly-formed Group Gram Panchayats.

2. The Petitioner No. 1 is Unchidhanal Group Gram Panchayats. The Petitioner No. 2 is the Sarpanch of the said Panchayat, the Petitioner Nos. 3 to 5 are the residents of village Tuver and the Petitioner Nos. 6 and 7 are the residents of village Veekharan, as described in the memorandum of parties.

3. Briefly stated, the facts of the case, emerging from a perusal of the averments made in












































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