SCA/11978/2004 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11978 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= POPATBHAI ONDHABHAI JETHWA - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR BIREN A VAISHNAV for Petitioner(s) : 1, MR MAULIK NANAVATI, AGP for Respondent(s) : 1, MR HS MUNSHAW for Respondent(s) : 2 - 3. RULE SERVED BY DS for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 01/07/2008 SCA/11978/2004 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE JAYANT PATEL) 1. The present petition is preferred for challenging the order dated 11.9.2004 passed by the State Government in purported exercise of power under Section 259 of the Gujarat Panchayats Act, 1993. 2. Heard Mr.Vaishnav, learned Counsel appearing for the petitioner and Mr.Nanavati, learned AGP for respondent No.1. 3. Upon hearing the learned Counsel appearing for the aforesaid respective parties, it appears that the matter was pertaining to the election/constitution of the Executive Committee dated 19.7.2004 of Talaja Taluka Panchayat. It also appears that as per Section 123(9)(b), the statutory term of the Executive Committee is for two years. Pending the petition, the said period has expired and further pursuant to the interim order passed by this Court in the present proceedings, the Executive Committee had continued to function. 4. Under these circumstances, no useful purpose SCA/11978/2004 3/3 JUDGMENT would be served in examining the challenge and the contentions, which are raised in the present petition. Hence, the present petition is disposed of as having become infructuous. Rule discharged. I.R. stands vacated. (Jayant Patel, J.) 01.7.2008 (Akil Kureshi, J.) vinod