JAYENDRASINH BHUPATSINH DIAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Single Judge of this Court has opined that the present matter deserves to be referred to the Larger Bench for examining the following questions:-

(2.) We have heard the learned Counsel for the petitioner Mr.Waghela. We have also heard Ms.Pathak, learned AGP for the respondent No.1 and Mr.P.C. Kavina, learned Sr. Counsel appearing with Mr.S.P. Majmudar, learned Counsel for respondent No.5. None has represented respondents No.2 to 4, though they were served.

(3.) The first preliminary contention was raised by the learned Counsel for the respondent No.5 that the learned Single Judge, as per the law of precedents, was bound by the view taken by the Division Bench of this Court on the aspects of maintainability of the appeal against the resolution of the Gram Panchayat for 'motion of no confidence' and, therefore, the learned Single Judge could not have referred the matter to the Larger Bench. He submitted that, therefore, the present reference was not called for. The learned Counsel, in support of his submission, relied upon the observations of the Apex Court in the case of Pradip Chandra Parija & Ors. v. Pramod Chandra Patnaik & Ors., 2002 1 SCC 1.