(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The petitioner has challenged interim order dated 22.2.2012 of learned Principal Judicial Magistrate, First Class, Visnagar, in the election petition of respondent no.4, whereby recounting of votes has been ordered and right of the parties to be heard after recounting is expressly reserved. Learned counsel, Mr.Mehul S. Shah, appearing for the petitioner submitted that the petitioner is already declared to have been elected before filing of election petition and as on today by virtue of admission of the petition and grant of interim relief he continues to be in the office of Sarpanch of Gunja Gram Panchayat of Visnagar Taluka. He fairly conceded that in view of express provisions of Section 31 of the Gujarat Panchayats Act, 1993 the election petition pending before the trial Court concerned was required to be expeditiously heard and disposed and not required to be treated as civil suit for regular hearing in accordance with provisions of the Civil Procedure Code meant for conducting civil suits. Learned counsel, Mr.Amit Chaudhary, appearing for respondent no.4 and learned AGP have fairly stated that if the impugned order is allowed to operate and proceedings before the trial Court concerned in the pending Election Petition No.1 of 2012 are expeditiously disposed in accordance with law, they have no objection to such direction being issued and in the meantime the petitioner holding the post of Sarpanch. Accordingly by consent the petition is disposed, without entering into the contentions regarding the impugned order, with the direction that further proceedings pursuant to impugned order dated 22.2.2012 shall be carried out as expeditiously as practicable and preferably on day-to-day basis by the trial Court so as to conclude the enquiry and declare the result in accordance with law and more particularly provisions of Sub-section (7) of Section 31 of the Gujarat Panchayats Act, 1993. Learned counsel for the parties have agreed and assured that none of the parties shall make any attempt at delaying the proceedings before the trial Court and cooperate in the earliest practicable disposal of the main election petition. With such assurance, it is expected that the trial Court will be in a position to conclude the proceedings pending before it more expeditiously and preferably before the end of this month, i.e. on or before 30th April 2012. With these observations, the petition is disposed and Rule is discharged with no order as to costs. Direct service is permitted.
(D.H.Waghela, J.) (Mohinder Pal, J.) *malek Top