JUDGMENT : M.R. Shah, J. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned circular dated 21.3.2012 (Annexur A) issued by respondent No. 2 in so far as declaring the election programme qua election of respondent No. 4 Panchayat as well as consequential order passed by the Prant Officer, Pardi as Officer of the State Election Office (Annexure B) appointing the Returning Officer for the election of respondent No. 4 Panchayat. 2. The facts leading to the present Special Civil Application in nutshell are as under: 2.1. That prior to year 2009 respondent No. 4 Rohiyal Talat Group Gram Panchayat, on 9.10.2009 there was Khadakval Group Gram Panchayat in Kaprada Taluka consisting of (1) Khadakval (Revenue Village), (2) Rohiyal Talat (Revenue Village) and (3) Burla (Revenue Village). In exercise of powers conferred by Section 7 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as the "Act") the local area of Rohiyal Talat (Revenue Village) and Burla (Revenue Village) came to be excluded from Khadakval Group Gram Panchayat and the said Khadakval Group Gram Panchayat came to be bifurcated into to gram panchayats viz. (1) Khadakval Gram Panchayat and (2) Rohiyal Talat Group Gram Panchayat. That the Rohiyal Talat Group Gram Panchayat was consisting of Rohiyal Talat (Revenue Village) and Burla (Revenue Village). It is the case of the petitioner that after bifurcation of the Khadakval Group Gram Panchayat in May 2010 General Election was held for bifurcated (new) villages i.e. Rohiyal Talat Group Gram Panchayat and the election has been completed on 23,06.2010, wherein the petitioner was declared as uncontested Sarpanch. It is the case of the petitioner that after bifurcation of the Khadakval Group Gram Panchayat in May 2010 General Election was held for bifurcated (new) villages i.e. Rohiyal Talat Group Gram Panchayat and the election has been completed on 23,06.2010, wherein the petitioner was declared as uncontested Sarpanch. It is the case on behalf of the petitioner that despite the fact that the term of elected body of respondent No. 4 Rohiyal Talat Group Gram Panchayat and even the term of the petitioner as Sarpanch of the said Panchayat is for a period of five years from the last election i.e. upto 23.06.2015, while issuing circular dated 21.03.2012 by respondent No. 1 declaring election programme for holding general/mid term election 2012 of 1728 panchayats in entire State including 16 panchayats in Valsad District, has also declared the election programme for the respondent No. 4 Rohiyal Talat Group Gram Panchayat, of which, the petitioner is Sarpanch and office of the State Election Commission, Prant Officer, Pardi has passed consequential order dated 22.3.2012 appointing Assistant Returning Officer for the election of the petitioner panchayat i.e. respondent No. 4 Panchayat. That as per the election programme, pooling date was 15.4.2012 and last date of acceptance of nomination was 31.3.2012 and the date of scrutiny of nomination was 2.4.2012 and the last date of withdrawal of the nomination was 3.4.2012 and the date of counting of the vote is 17.4.2012. That being aggrieved and dissatisfied with the action of the respondent in declaring election of respondent No. 4 panchayat, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India. 3. Shri S.K. Patel, learned advocate for the petitioner has vehemently submitted that after the notification dated 9.10.2009, constituting new Gram Panchayat i.e. Rohiyal Talat Group Gram Panchayat, general election of respondent No. 4 panchayat took place on 23.05.2010 wherein the petitioner has been elected as Sarpanch of said Panchayat. It is submitted that as per notification dated 3.5.2010, by which, election programme of respondent No. 4 was declared it was specifically mentioned that the General Election has been held. It is submitted that as per notification dated 3.5.2010, by which, election programme of respondent No. 4 was declared it was specifically mentioned that the General Election has been held. It is submitted that the election which was held on 23.6.2010 was not a by election and/or election for the remaining period and therefore, as per Section 13(1) of the Act and as per Article 243(e) of the Constitution of India, as the duration of the Panchayat is for a period of five years, the term of the petitioner as Sarpanch and as elected body of respondent No. 4 Panchayat would be upto 22.6.2015. It is submitted that, therefore, impugned action of respondent in declaring election of respondent No. 4 Panchayat/holding election of respondent No. 4 Panchayat prior to 22.6.2015 is absolutely illegal and contrary to the provision of the Act. 3.1. Shri S.K. Patel, learned advocate for the petitioner has further submitted that as per Article 243(e) of the Constitution of India unless the panchayat is dissolved, the term of the elected members of the Panchayat/Panchayat shall be for a period of five years. It is submitted that the dissolution or super session of the panchayat is provided under Section 253 of the Act. It is submitted that therefore, unless and until the panchayat is dissolved or superseded as provided under Section 253 of the Act, the tenure of the panchayat shall be for a period of five years. It is submitted that in the present case it cannot be said that by notification dated 9.10.2009 there was any dissolution of the panchayat under Section 253 of the Act. It is submitted that therefore, when the election was held on 23.06.2010 and the first meeting of the panchayat/newly elected members of the panchayat was held on 23.08.2010 and the petitioner was elected as a Sarpanch in the said election, the term of the panchayat as well as petitioner shall be upto 22.06.2015 and therefore, impugned action/declaration of the election of respondent No. 4 panchayat prior to 22.6.2015 shall be illegal and contrary to provision of Section 13(1) r/w Section 253 of the Act r/w Article 243 (e) of the Constitution of India. 3.2. 3.2. It is further submitted that as such after bifurcation of the Khadakval Group Gram Panchayat and reconstitution of the panchayat and the Rohiyal Talat Group Gram Panchayat come into existence by notification dated 9.10.2009 there was already administrator appointed of the new group gram panchayat and that thereafter fresh election was held in the month of June 2010 and therefore, unless there is dissolution of respondent No. 4 panchayat as per Section 253 of the Act, considering Article 243(e) of the Constitution of India r/w Section 13(1) of the Act there cannot be any election of respondent No. 4 panchayat and/or even Sarpanch of respondent No. 4 panchayat unless five years term is completed i.e. prior to 22.06.2015. 3.3. By making above submissions, it is requested to allow the present petition. No other submissions have been made. 4. Petition is opposed by Shri Dhavan Jaiswal, learned Assistant Government Pleader for respondent. Shri Jaiswal, learned AGP has heavily relied upon Section 263 of the Act. It is submitted that earlier the election of the Khadakval Group Gram Panchayat in Kaprada Taluka consisting of (1) Khadakval (Revenue Village), (2) Rohiyal Talat (Revenue Village) and (3) Burla (Revenue Village) was held on 10.12.2006 and the first meeting of the Group Gram Panchayat was held on 23.01.2007 and therefore, term of the previously elected body was expired on 22.1.2012. It is submitted that however, prior to that, the State Government in exercise of powers under Section 7 of the Act ordered division/bifurcation of the village Panchayat of Khadakval Group Gram Panchayat into two village panchayat viz. (1) Khadakval (2) Rohiyal Talat. It is submitted that therefore, considering Section 263 of the Act earlier Khadakval Group Gram Panchayat stood dissolved and administrator was appointed till next election took place and/or for the remainder period. It is submitted that thereafter in the year 2010, elections were held as provided under Section 263 of the Act i.e. for the remainder period. It is submitted that considering Section 263 of the Act the election of the Rohiyal Talat Gram Panchayat and newly constituted village panchayat, the term was for the remainder period, as left out from the period of previous election; expiring on 22.01.2012, action of the respondent in declaring the election/election programme of respondent No. 4 Panchayat is absolutely legal and in accordance with law and in consonance with the provisions of the Act. It is submitted that in the present case, the action of the respondent in declaring the election of the respondent No. 4 Panchayat is in accordance with Section 13(1), 253, 263 of the Act and Article 243(e) of the Constitution of India. 4.1. Now, with respect to contention on behalf of the petitioner that there can be dissolution of the panchayat only under Section 253 of the Act and unless and until there is dissolution under Section 253 of the Act the term of the panchayat would be for a period of five years is concerned, it is submitted by Shri Jaiswal, learned AGP that in the present case as Section 263 of the Act on reconstitution and/or bifurcation of the village/villages earlier panchayat stand dissolved automatically. It is submitted that if the contention on behalf of the petitioner is accepted, in that case, the word "dissolution" used in Section 263 of the Act would become redundant and nugatory. 4.2. By making above submissions, it is requested to dismiss the present Special Civil Application. 5. Heard the learned advocates for the respective parties at length. At the outset, it is required to be noted that prior to 9.10.2009 there was one Group Gram Panchayat namely Khadakval Group Gram Panchayat in Kaprada Taluka consisting of (1) Khadakval (Revenue Village), (2) Rohiyal Talat (Revenue Village) and (3) Burla (Revenue Village). That prior thereto, general election of the Khadakval Group Gram Panchayat was declared on 22.11.2006 and the election was held on 15.12.2006 and the first meeting of the said Khadakval Group Gram Panchayat was held on 23.1.2007. Therefore, the date of expiry of term of Khadakval Group Gram Panchayat was upto 22.1.2012. That before expiry of the term of the Khadakval Group Gram Panchayat, the State Government issued notification dated 9.10.2009 in exercise of powers under Section 7 of the Act excluding the (1) Rohiyal Talat (Revenue Village) and (2) Burla (Revenue Village) from the Khadakval Group Gram Panchayat and forming/constituting new villages consisting of (1) Khadakval (Revenue Village), (2) Rohiyal Talat (Revenue Village) and (3) Burla (Revenue Village). That immediately on issuing the notification dated 9.10.2009 forming new gram panchayats stated herein above, administrator of the newly constituted panchayats came to be appointed under Section 263 of the Act. At this stage, Section 263 of the Act as required to be referred to and reproduced, which reduced as under: Section 263. That immediately on issuing the notification dated 9.10.2009 forming new gram panchayats stated herein above, administrator of the newly constituted panchayats came to be appointed under Section 263 of the Act. At this stage, Section 263 of the Act as required to be referred to and reproduced, which reduced as under: Section 263. Effect of division of village : (1) Where by virtue of a notification Issued under clause (g) of Article 243 of the Constitution any village ceases to be a village is split up into two or more villages with effect from the date on which the village is so split up hereinafter referred to as "the said date" the following consequences shall ensue, that is to say (a) the panchayat constituted in respect of such local area shall stand dissolved and all the members of the panchayat shall vacate office, (b) until for the respective new village a village panchayat is constituted the State Government shall appoint an administrator or administrators, to exercise the powers and perform the functions of the respective panchayat of the new village. (c) the unexpended balance of the village fund and all properties, including arrears of rates, taxes and fees belonging to the dissolved panchayat shall subject to all charges and liabilities affecting the same, vest in such proportion and in such manner as the State Government may direct in the respective panchayat of the new village: Provided that until the respective panchayat for new village is constituted and it holds its first meeting under subsection (1) of section 51 the unexpended balance of the fund and other properties vesting in the panchayat shall be held by the administrator of new village and shall be utilised by him for the benefit of the inhabitants of the new village in such manner as he may think fit; (d) any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted in respect of the area within the jurisdiction of the dissolved panchayat and in force on the said date shall continue in force and be deemed to have been made, issued imposed or granted in respect of the new village formed out of the said area until it is superseded or, modified by any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule bye-law or form made issued, imposed or granted under the law applicable thereto; (e) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated by the dissolved panchayat immediately before the said date shall in so far as they relate to the new village be, deemed to have been made or authenticated in respect of the new village. (f) all debts and obligations incurred and all contracts made by or on behalf of the dissolved panchayat immediately before the said date and subsisting on the said date shall in, so far as they relate to the village formed in the area within the jurisdiction of the dissolved panchayat be the debts and obligations incurred by and the contracts made by the panchayat of the new village: (g) all officers and servants in the employ of the dissolved panchayat immediate before the said date shall be allocated to the panchayat of the new village by the State Government in such manner as it may direct and until other provision is made in accordance with this Act, they shall receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on the said date: (h) all proceedings including appeals pending at the said date before the dissolved panchayat shall be deemed to be transferred to and continued by the panchayat of new village before which they would have been instituted, had the new village been formed when the proceedings were instituted: Provided that until the panchayat for the new village is constituted the administrator appointed for the new village may deal with such proceedings and dispose them off: (i) all prosecutions instituted by or on behalf of and all suits or other legal proceedings instituted by or against the dissolved panchayat or any officer thereof and pending at the said date shall be continued by or against the panchayat of the new village, by on behalf of or against which they would have been instituted, had the new village been formed when the prosecutions, suits or legal proceedings were instituted and until such panchayat is constituted, shall be continued by or against the administrator appointed for the new village. (2) Within four months of the said date a panchayat for the respective new village shall be constituted in accordance with the provisions of this Act and its duration shall be for such period as the State Government may, having regard to the remainder of the period for which village panchayats in the district in which the respective new villages are situated by notification in the Official Gazette, specify. 5.1. 5.1. Therefore, considering Section 263 of the Act by issuing notification dated 9.10.2009 issued in exercise of power under Section 243 of the Constitution of India forming/reconstituting two new panchayats i.e. (1) Khadakval (2) Rohiyal Talat, earlier Khadakval Group Gram Panchayat stood dissolved automatically and administrator was appointed with respect to the newly constituted panchayat and election was required to be held for the remainder period i.e. upto 22.1.2012 (as the term of the earlier panchayat was to expire on 22.1.2012). Under the circumstances, when the election was held on 23.5.2010, considering Section 263 of the Act, it is to be held and considered only for the remaining period i.e. upto 21.1.2012. Therefore, contention on behalf of the petitioner that as the general election of the panchayat was held on 23.5.2010 and thereafter there is no dissolution of the panchayat under Section 253 of the Act and therefore, the term of the respondent No. 4 panchayat shall be upto 22.5.2012 and therefore, no general election of the respondent No. 4 panchayat prior to 22.5.2015 can be held has no substance and cannot be accepted. 5.2. Now, so far as contention on behalf of the petitioner that as per Article 243(e) of the Constitution of India unless Panchayat is dissolved the term of the panchayat shall be for a period of 5 years and panchayat can be dissolved only under Section 253 of the Act and therefore, unless and until the panchayat is dissolved under Section 253 of the Act there cannot be any dissolution of the panchayat and in the present case after election held on 23.5.2012 there is no dissolution under Section 253 of the Act and therefore, the term of the elected body of the respondent No. 4 inclusive the term of the petitioner as Sarpanch of respondent No. 4 would be five years i.e. upto 22.5.2015 is concerned, the aforesaid has no substance. Section 263 of the Act is very clear. As per subsection 1(a) of Section 263 where by virtue of a notification issued under clause (g) of Article 243 of the Constitution any village ceases to be a village is split up into two or more villages with effect from the date on which the village is so split up, the panchayat constituted in respect of such local area shall stand dissolved and all the members of the panchayat shall vacate office. Therefore, the contention on behalf of the petitioner that unless and until panchayat is dissolved under Section 253 of the Act there cannot be any dissolution of the panchayat and the term of the panchayat shall be for a period of 5 years cannot be accepted. If the aforesaid contention is accepted in such a case the word "dissolved" used in Section 263(1)(a) of the Act would become redundant and/or nugatory. 6. In view of the above and for the reasons stated above, it cannot be said that the respondents have committed any illegality in declaring the election of the respondent No. 4 panchayat as per notification dated 21.3.2012. Under the circumstances, present petition fails and same deserves to be dismissed and is accordingly dismissed. Interim relief granted earlier stand vacated forthwith. Notice discharged. Concerned respondents to take immediate steps to hold general election of the respondent No. 4 panchayat as such the term of the elected body has already expired on 22.1.2012. 7. At this stage, Shri Patel, learned advocate for the petitioner has requested to continue the interim relief granted earlier so as to enable the petitioner to challenge the present order before the Higher Forum. However, considering the fact that and as observed herein above, the term of the elected body has expired on 22.1.2012 and even for holding the general election of respondent No. 4 panchayat and taking further steps, some time is likely to be consumed, the prayer of the petitioner to continue interim relief granted earlier is rejected. Petition dismissed.