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2021 Supreme(Guj) 905

BHARGAV D.KARIA
PATEL JITENDRAKUMAR SOMABHAI – Appellant
Versus
STATE OF GUAJRAT – Respondent


Advocates Appeared:
For the Appellant : MR PK JANI, SENIOR, R JIGAR G GADHAVI
For the Respondent: MR KM ANTANI, MS SEJAL K MANDAVIA, MR TEJAS SATTA

JUDGMENT :

1. Heard learned Senior Advocate Mr. P.K. Jani assisted by learned advocate Mr. Jigar J. Gadhavi, learned advocate Mr. Tejas Satta for the applicants in Civil Application no.1 of 2020, learned advocate Mr. Sejal Mandavia for the respondent no.2 and learned Assistant Government Pleader Mr. K.M. Antani for the respondent nos.1 and 3.

2. The petitioners have challenged the Notification dated 19th November, 2019 issued by the respondent – State in exercise of powers provided in Clause(g) of Article 243Q of the Constitution of India read with Section – 7 of the Gujarat Panchayats Act, 1993 (for short ‘the Act, 1993') by excluding certain local areas shown in column no.5 of the Notification from the local areas of the existing Balol Gram Panchayat of Taluka - District Mehsana shown in column no.3 of the Schedule and new Gram Panchayat viz. Laxmipura/(Balol) Gram Panchayat is constituted.

3. Thus, Balol village is bifurcated into two village Panchayats. After the election of the Gram Panchayat of village Balol in 2017, the first meeting of the Gram Panchayat had taken place on 9th May, 2017. During the second meeting dated 17th May, 2017 a resolution was passed by the Balol Gram P

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