(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. After the petition being admitted on 13.4.2012, it has been partly heard from time to time. However, learned counsel Mr.N.R.Mehta, appearing for respondent No.1, has, today, opposed grant of any relief on the basis of the argument that the provision of section 6 of the Panchayats Act requires suitable amendment of the voters' list, even in absence of any provision therefor in the relevant provision of section 20 of the Panchayats Act. As against that, it was argued by learned counsel Mr.Saiyed that Division Bench of this Court has, by judgment dated 13.6.2007 in M.C.A. No.1409 of 2007 in SCA No.17158 of 2007, in effect, directed the authorities to hold elections on the basis of the list of voters then published on 20.10.2006. He further submitted that, as on today, name of the petitioner and 160 other voters is appearing in the electoral roll of the Gujarat Legislative Assembly prepared under the Central Act in the relevant electoral division and, therefore, they are required to be allowed to vote in the same electoral division in accordance with the provisions of section 20 of the Gujarat Panchayats Act.
2. Since hearing of the petition could not be concluded for final disposal, by way of ad-interim relief, it is directed that operation of the impugned order dated 18.8.2011 at Annexure-A to the petition shall remain stayed till further or final orders that may be made on the next date of hearing.
3. S.O.
to 19.06.2012. Direct service. It is clarified that, in the meantime if any election takes place, consideration of the votes cast on the basis of this interim order would be subject to further orders.
Sd/-
( D.H.Waghela, J.) Sd/-
( Mohinder Pal, J.) (KMG Thilake) Top