MORBI DISTRICT PANCHAYAT vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/SCA/20208/2018 (GJHC240764532018) JUDGMENT DATED: 02/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20208 of 2018
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MORBI DISTRICT PANCHAYAT & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1,2
MR KAMAL TRIVEDI, ADVOCATE GENERAL ASSISTED BY MS HETAL
PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No.
1,2
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CORAM: HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 02/09/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. At the outset, it is submitted that the petitioner No.2 has
expired during the pendency of the present petition and his
name be deleted from the cause list. The petitioner No.1 –
Morbi District Panchayat is not represented through its new
President. The question, therefore, is that the petitioner no.1
is not properly represented before us.
2. Mr. Bharat T. Rao, learned advocate appearing for the
petitioners would, however, submit that a communication has
been sent by him intimating the current President of the
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Morbi District Panchayat to represent the Panchayat, but no
response has been received so far.
3. Moreover, the challenge in the writ petition is to the
notification dated 07.12.2018 whereby the State Government
in exercise of the powers conferred under Section 178 of the
Gujarat Panchayats Act, 1993 has withdrawn the powers,
functions, and duties, as the case may be, from the District
Panchayat, entrusted vide Serial No.4, 5, 6, 27, 28, and 29 of
the Schedule appended to the order dated 25.03.1963, as
Sections specified in Column 3 of the enactment specified in
Column 2, to the extent specified in Column 5 of the Schedule
appended thereto.
4. A perusal of the Schedule attached to the notification
dated 07.12.2018, subject matter of challenge herein,
indicates that all powers, functions, and duties under
Sections-65, 66, 67 initially conferred upon the District
Panchayat vide notification dated 25.03.1963, have been
withdrawn.
5. The notification dated 07.12.2018 records the
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satisfaction of the State Government to withdraw the said
powers, functions, and duties transferred to the District
Panchayat in the public interest.
6. On a query made by the Court, it is admitted by the
learned counsel for the petitioners that such powers, as on
date, are being exercised by the Collector or Officer(s)
authorized by the Collector in accordance with the provisions
of the Gujarat Land Revenue Code, 1879, and that there is no
interim order in the present petition.
7. For the arrangement made by the State Government
vide notification dated 07.12.2018, which is in place for the
period of almost eight years, without any hindrance or
challenge, we do not find any good ground to sustain the
challenge to the said notification.
8. The only submission made by the learned counsel for the
petitioner that such withdrawal of powers, functions, and
duties within the scope of Section-178 of the Gujarat
Panchayats Act 1993 shall only be in consultation with the
State Council for Panchayats, which has not been made in the
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present case, suffice it to note that as per own assertions of
the petitioners made in paragraph-‘10.10’ of the writ petition
that there is no State Council for Panchayats, such an
argument cannot be looked into.
9. A reading of Section 178 of the Gujarat Panchayats Act,
1993 makes it clear that it is a matter of satisfaction of the
State Government by reason of a change in the nature of the
matter to decide that any matters shall cease to be a matter in
the Panchayat Functions List and that it is necessary to
withdraw the powers, functions, or duties in respect of such
matters from the District Panchayat.
10. Taking note of the above, we do not find it a fit case for
interference. The present petition stands dismissed. No order
as to costs.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
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