CHAVDA GUNVANTSINH KIRTANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of rule on behalf of respondent No.1-State. Learned advocate Mr.H.S.Munshaw waives service of rule on behalf of respondent Nos.2 and 3, learned advocate Mr.Ashok Parmar waives service of rule on behalf of respondent Nos.4 to 10 and learned advocate Mr. Dineshkumar Gautam waives service of rule on behalf of respondent No.11.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner for quashing and setting aside the Motion of No Confidence dtd. 1/2/2021 by the respondent Nos.4 to 11.

(3.) The basis contention of the petitioner is based on the decision of Division Bench of this Court in the case of Shivangiben Chetankumar Patel v/s. State of Gujarat and others, reported in 2019(2) GLR 865. Learned advocate for the petitioner submitted that calling for the motion within the period of one year of election would be contrary to the spirit of the 73rd Constitutional Amendment. It is submitted that the chronology of events would indicate that even within a period of one month of the declaration of election, notice for no confidence was moved. Hence, it is prayed for that the motion itself be set aside even before the same is put to vote.