RAMABHAI DEVABHAI ODEDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this Writ Application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs :-

(2.) The facts giving rise to this Writ Application may be summarized as under:-

(3.) Mr. B.M. Mangukiya, the learned Counsel appearing for the writ applicant vehemently submitted that the writ applicant could not have been removed as the Sarpanch of the Gram Panchayat by moving a motion of no confidence within a period of 23 days from the date the writ applicant came to be elected as the Sarpanch. He would argue that even other wise there was no good ground for the 6 members of the Gram Panchayat to move the motion of no confidence. According to Mr. Mangukiya, the issue raised in this writ application is squarely covered by a Division Bench of this court rendered in the case of Shivangiben Chetankumar Patel v. State of Gujarat , 2019 2 GLR 865. Mr. Mangukiya also invited the attention of this Court to Section 56 of the Gujarat Panchayats Act, 1993 as well as to the relevant Rules governing the removal of the Sarpanch by way of motion of no confidence. In such circumstances referred to above, Mr. Mangukiya prays that there being merit in his writ application the same may be allowed and the impugned order be quashed and set aside.