(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The petitioner challenges election of respondent No.2 as Sarpanch of Village Taleti on the ground that the name of respondent No.2 did not appear in the final list of the candidates and a special list was published after the stipulated date and respondent No.2 was given a special treatment.
2. We do not entertain this petition on the ground that the action taken by the petitioner is at a very belated stage because the election result was published on 31.12.2011 and the final list, as alleged, must have been published prior thereto.
3. The second reason for not entertaining this petition is that the petitioner could have availed of the provisions contained in Section 31 of the Gujarat Panchayats Act, 1993, which he has not done, and to circumvent the provisions of limitation, he has approached this Court.
4. The third is that the point which would be required to be examined by this Court would be whether the allegations are correct and what are the circumstances involved, which would call for appreciation of disputed questions of fact.
5. The petition stands dismissed for the above reasons.
[A.L.
Dave, J.] [Mohinder Pal, J.] #MH Dave Top