Mr.B.M.Mangukiya, learned advocate for the petitioner, states that respondent Nos.2 to 4 have been served and the affidavits of direct service have already been filed in the Registry today.
It has been submitted by Mr.B.M.Mangukiya, learned advocate for the petitioner, that by order dated 12-3-2012, in purported exercise of power under Section 252 of the Gujarat Panchayats Act, 1993 ('the Act' for short), the District Development Officer has called upon the petitioner to call a meeting of the General Body of the Mangrol Taluka Panchayat. Further, he has also fixed the date and agenda for the said meeting vide order dated 20-3-2012. That Section 252 of the Act vests power with the District Panchayat to order a duty to be performed in case of default. However, the said provision does not vest the District Development Officer with such power.
The learned advocate for the petitioner has relied upon a judgment of the Division Bench of this Court, in the case of Champaben P.Ghoghari v. State of Gujarat, 2011(1) GLR 129 wherein it has been stated that the District Panachayat is not empowered to delegate its power to the District Development Officer.
Mr.Pranav S.Dave, learned Assistant Government Pleader has submitted that the District Development Officer would be the main contesting party.
Mr.B.M.Mangukiya, learned advocate for the petitioner, submits that pursuant to the orders dated 12-3-2012, and 20-3-2012 a meeting of the General Body of the Mangrol Taluka Panchayat has been scheduled to be held on 27-3-2012, therefore, ad interim relief in terms of paragraph 20(EE) may be granted.
As a prima facie reading of Section 252 of the Act suggests that power is vested in the District Panchayat to order a duty to be performed, in case of default, and in view of the judgment of the Division Bench referred to hereinabove, the following order is passed:
Ad-interim relief in terms of paragraph 20(EE) is granted, till the next date of hearing.
List on 26-4-2012. Direct service of this order, today,is permitted.
This order be communicated by Fax to the District Development Officer, Junagadh, at the expense of the petitioner, today.
(Smt.Abhilasha Kumari,J) arg Top