✦ Gujarat High Court · 29 Sep 1998

DINESHBHAI A THAKORE v. STATE OF GUJARAT

Civil Application No. 8253 of 1998M S PARIKH

Case at a glance

Decided
29 Sep 1998
Bench
M S PARIKH

Outcome

Disposed of

this petition is disposed of

Judgment

CORAM : MR.JUSTICE M.S.PARIKH Date of decision: 29/09/98 ORAL JUDGEMENT (cid:9)Leave to delete respondents NO. 2, 4 and 5. Rule. Service of rule is waived by Mr. K.T.Dave, learned Assistant Government Pleader appearing for respondents No. 1 and 3 (Now respondents No. 1 and 2).

2.(cid:9)Heard.

3.(cid:9)The petitioner is before this Court challenging his removal as a Sarpanch of the Thaltej Gram Panchayat. The petitioner has a remedy by way of appeal under section 57 (3) of the Gujarat Panchayats Act, 1993. The petitioner's request is that his removal should not be operative else his remedy by way of appeal would stand frustrated and become infructuous. Hence, on the facts and in the circumstances of the case, following directions are issued :

Operative part

4.(cid:9)The petitioner will prefer appeal against the impugned order on or before 6th October, 1998. The petitioner will also prefer appropriate stay application in the said appeal. In the meantime, there shall be stay of the order of the District Development Officer which is to be challenged in appeal. In case, the petitioner's stay application is rejected or dismissed, the stay will continue thereafter for a period of one week from the date of such rejection. Subject to these directions, this petition is disposed of. Rule is discharged. No order as to cost.

29.9.1998. (cid:9) (cid:9)(M.S.Parikh,J.) Vyas (cid:9)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: this petition is disposed of

Which statutory provisions did this judgment involve?

Constitution of India; Gujarat Panchayats Act, 1993 — s. 57(3).

Which court decided this case, and when?

Gujarat High Court, on 29 Sep 1998. The bench was M S PARIKH.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Gujarat High Court or eCourts case status (search case no. Civil Application No. 8253 of 1998). ← Search more judgments