This petition, under Article 226 of the Constitution of India, has been preferred with the following prayers:-
(A) Your Lordships be pleased to issue writ of mandamus, appropriate writ, order or direction and be pleased to direct the District Development Officer, Sabarkantha to hear and dispose off the appeals filed by the petitioner u/s.242 and 249 of Gujarat Panchayat Act against resolution No.6 dated 24.01.2012 and the order passed by the Taluka Development Officer, Himatnagar, dated 28.02.2012 as expeditiously as possible within a specified time limit.
(B) Your Lordships be pleased to direct the District Development Officer, Sabarkantha to forthwith initiate the hearing of the appeals filed by the petitioner u/s. 242 and 249 of Gujarat Panchayat Act pending admission, hearing and final disposal of this petition.
(C) Your Lordships be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice.
The grievance of the petitioner is that under the guise of the provisions of Section 98 of the Gujarat Panchayats Act, 1993 ("the Act" for short), which envisages that two invitees can be invited to meetings of the Gram Panchayat, the husband of the Sarpanch of the Gram Panchayat has been made a permanent invitee, along with two other persons, by Resolution No.6 dated 24.01.2012.
The petitioner has preferred two appeals before the District Development Officer against the said Resolution and order dated 28.02.2012, passed by the Taluka Development Officer which, according to him, are not being taken up for hearing and decision by the District Development Officer. Hence the petition.
At the outset, Mr.J.V.Japee, learned advocate for the petitioner, submits that the interest of justice would be met, if the District Development Officer, Sabarkantha, is directed to hear and decide the appeals filed by the petitioner under Section 242 and 249 of the Act against Resolution No.6 dated 24.01.2012 and order dated 28.02.2012, passed by the Taluka Development Officer, Himmatnagar, and is actively interfering in the affairs of the Gram Panchayat.
Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:-
The District Development Officer, Sabarkantha (respondent No.1) is directed to consider and decide the appeals filed by the petitioner under Sections 242 and 249 of the Gujarat Panchayats Act, 1993, against Resolution No.6 dated 24.01.2012, passed by Kankanol Gram Panchayat and the order dated 28.02.2012, passed by the Taluka Development Officer, Himmatnagar, in accordance with law, as expeditiously as possible, but not later than a period of three months from the date of receipt of a copy of this order.
The petition is disposed of in the above terms, without entering into the merits of the case.
Direct Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top