LAWS(GJH)-2010-8-453

CHHATRAL GRAM PANCHAYAT Vs. STATE OF GUJARAT

Decided On August 16, 2010
CHHATRAL GRAM PANCHAYAT THROUGH SARPANCH Appellant
V/S
STATE OF GUJARAT THRO' SECRETARY Respondents

JUDGEMENT

(1.) Rule. Shri Mengdey, learned AGP waives service of notice of Rule on behalf of respondent no.1 and Shri SA Desai, learned advocate waives service of notice of Rule on behalf of respondent no.4 who is main contesting respondent and who is on caveat. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 29.7.2010 passed by the revisional authority and State Government i.e. Secretary (Inquiry) Panchayat Rural Development and Rural Housing Department, Gandhinagar passed in Revision Application No.39 of 2010 by which the Revisional Authority has allowed the said revision application preferred by respondent no.4 herein by quashed and set aside not only the order passed by the Appellate Committee of the District Panchayat, Gandhinagar dated 6.2.2010 but also quashing and setting aside the resolution No.36 dated 15.9.2009 of the Gram Panchayat, Chhatral in passing the resolution of motion of no confidence against respondent no.4-Deputy Sarpanch and also quashed and set aside the resolution passed by the Gram Panchayat Chhatral dated 9.10.2009 being resolution no.37 in appointing Patel Navinchandra Jagjivandas-husband of the Sarpanch as Deputy Sarpanch.

(3.) A motion of no confidence was moved against respondent no.4 as Deputy Sarpanch of the Chhatral Gram Panchayt by 17 members of the Gram Panchayat declaring that they have lost faith in respondent no.4 as Deputy Sarpanch. That a meeting was convened to discuss the motion of no confidence against respondent no.4 and by resolution No.36 dated 15.9.2009 all the members of the Gram Panchayat supported the said motion and accordingly the motion of no confidence was passed against respondent no.4. That thereafter, by resolution No.37 dated 9.10.2009 new Deputy Sarpanch was elected. It appears that being aggrieved and dissatisfied with the resolution no.37, respondent no.4 preferred Special Civil Application No.9755 of 2009 before this Court, which came to be withdrawn. That respondent no.4 filed appeal before the Appellate Committee of the District Panchayat, Gandhinagar challenging the resolution no.36 dated 15.9.2009 of passing motion of no confidence against respondent no.4 as well as against resolution no.37 dated 9.10.2009 electing new Sarpanch. That the Appellate Committee of the District Panchayat by order dated 6.2.2010 dismissed the said appeal confirming the aforesaid two resolutions. Being aggrieved and dissatisfied with order passed by the Appellate Committee of the District Panchayat, Gandhinagar dated 6.2.2010, respondent no.4 preferred filed Revision Application No. 39 of 2010 before the State Government contending inter alia, that no opportunity was given to the respondent no.4 before the Appellate Committee of the District Panchayat and without giving any opportunity, appeal came to be dismissed. That the revisional authority by impugned order dated 29.7.2010 accepted the contention on behalf of respondent no.4 that the opportunity of hearing was not given to the petitioner by the District Panchayat and by impugned order not only set aside the order passed by the Appellate Committee but also quashed and set aside the resolution No. 36 dated 15.9.2009 of passing no confidence motion against respondent no.4 as Deputy Sarpanch as well as resolution no.37 of electing new Deputy Sarpanch. Being aggrieved and dissatisfied with the impugned order passed by the Revisional Authority in quashing and setting aside the resolution no. 36 dated 15.9.2009 of the Chhatral Gram Panchayat of passing no confidence motion against respondent no.4 as well as in quashing and setting aside the resolution dated 37 dated 9.10.2009 of Chhatral Gram Panchayat of electing new Deputy Sarpanch, the petitioner has preferred the present Special Civil Application under Articles 226 & 227 of the Constitution of India.