RIZVANABEN VIRENDRASINH MAHIDA Vs. DISTRICT DEVELOPMENT OFFICER ANAND

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the No Confidence Motion dated 13.07.2020 at the instance of respondents no. 4 to 11.

(2.) The Talati-cum-Mantri issued a notice asking the petitioners to convene a meeting pursuant to a note made by respondents no. 4 to 11. On 30.07.2020, learned counsel for the petitioner Mr. Somaiya, pointed out that in context of the show cause notice dated 13.07.2020 which is under challenge in the petition, it was not open for the respondents to once again issue a notice of no confidence, particularly when an identically worded notice was a subject matter of challenge in SCA No. 900 of 2020. It was in this background that the court passed the following order on 30.07.2020.

(3.) Before the returnable date i.e. 19.08.2020, it appears that the Taluka Development Officer (TDO) issued a communication dated 05.08.2020 in exercise of powers under Section 56(5)(b) of the Gujarat Panchayat Act, 1993 (for short 'the Panchayat Act') calling for a meeting of members for the purposes of passing a No Confidence Motion against the petitioner on 10.08.2020 considering the order that was passed on 07.08.2020 on the Civil Application filed in SCA 900 of 2020 with SCA No. 8856 of 2020 which reads as under: