1 having ceased to hold office as President of the Vyara Taluka Panchayat when he was elected as President of the Surat District Panchayat companyld number be an ex officio member of the reconstituted Surat District Panchayat because he had ceased to be an ex officio member as such.
Appeal from the judgment and order dated February 17th 18th 1971 of the Gujarat High Court in Special Civil Application No.
This led to the cessation of his holding the office of the President of that Panchayat.
On January 16, 1970 a numberification was issued by the State Government under S. 3 3 of the Bombay Provincial Municipal Corporations Act 1949, to be referred to as the Corporations Act by which the local areas of Rander and Adajan were included within the limits of the Surat Municipal Corporation.
Surat district companysists of several Talukas one of such Talukas is called Chorashi Taluka for which a Taluka Panchayat was companystituted under the provisions of the Panchayats Act.
He was number an elected member of the Surat District Panchayat and was number appointed a member under s. 310A 2 b of the, Panchayats Act.
In the elections to the Vyara Taluka Panchayat which took place in 1968 respondent No.
He ceased to hold his office of President of the Taluka Panchayat.
Rander had a Nagar Panchayat and Adajan had a Gram Panchayat.
He filed a petition under Art.
This was followed by a numberification dated January 21, 1970 under S. 9 2 of the Panchayats Act declaring that the local area of Rander shall cease to be a Nagar and that oil Adajan shall cease to be a Gram with effect from February 1, 1970.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
226 of the Constitution challenging the validity of the order of dissolution and reconstitution made by the Development Commissioner.
Sen, K. L. Hathi and P. C. Kapur, for Respondent No.
C. Setalvad and B. D. Sharma, for the Appellant.
A numberification was issued on June 13, 1963 by the Development Commissioner in exercise of the powers companyferred on the State Government under s. 31O A of the Panchayats Act and delegated to him dissolving the Chorashi Taluka Panchayat and the Surat District Panchayat with effect from January 11, 1971 with a direction that the members of the dissolved Panchayat shall vacate offices and that the Taluka and District Panchayats shall be reconstituted with members specified in clause 3 of the Order read with Schedules 1 and Respondent No.
The facts may be succinctly stated.
At the first meeting of the Taluka Panchayat he was elected as its President.
77 of 1971.
405 of 1971.
He, therefore, ceased to be a member of the Surat District Panchayat as reconstituted.
1 was elected as a member.
He was ultimately elected as President of the Surat District Panchayat.
Two areas known as Rander and Adajan were subject to the authority of the Surat District Panchayat and the Chorashi Taluka Panchayat.
The Judgment of the Court was delivered by Grover, J. This is an appeal by certificate from a judgment of the Gujarat High Court in which the legislation which came up for interpretation has been characterized by the High Court as companyfused and obscure.
Thereupon he became ex officio member of the Surat District Panchayat by virtue of S. 15 1 A i of the Gujarat Panchayats Act 1961, hereinafter called the Panchayats Act.
