(1.) LEAVE to amend Page1 of the memorandum of the petition is granted so as to insert the proper Article of the Constitution of India. The necessary amendment be carried out forthwith.
(2.) THE instant petition under Article 226 of the Constitution of India has been preferred, challenging the impugned Resolution dated 27.06.2014, passed by the Thala (Limdi) Gram Panchayat, Taluka: Jhalod, District: Dahod, whereby a No Confidence Motion has been passed against the petitioner.
(3.) BRIEFLY stated, the facts of the case are that the petitioner was elected as a Sarpanch of the abovementioned Gram Panchayat, on 21.01.2014. According to the petitioner, after taking over charge as such, she presided over a meeting for the passing of a Resolution whereby the specimen signatures of the Sarpanch were required to be given to the Bank. The said resolution was approved on 13.05.2014. Thereafter, a meeting was called on 11.06.2014, wherein the petitioner was present. It is the case of the petitioner that no irregularities, whatsoever, occurred in the above two meetings. The TalaticumMantri issued a notice dated 22.06.2014, convening a meeting scheduled to be held on 27.06.2014, for the proposed No Confidence Motion moved against the petitioner. According to the petitioner, this notice was issued on account of a representation made by the members of the Gram Panchayat to the Taluka Panchayat Office, Jhalod. A meeting was, therefore, held in the Village Panchayat regarding the No Confidence Motion proposed against the petitioner on 27.06.2014. It is the specific case of the petitioner that she was not afforded an opportunity to speak in the said meeting and the No Confidence Motion has been passed dehors the provisions of Section 56(3) of the Gujarat Panchayats Act, 1993 ("the Act" for short), which specifically mandates that the Sarpanch against whom a No Confidence Motion is moved would have a right to speak. Being aggrieved by the passing of the abovementioned No Confidence Motion in this manner, the petitioner has approached this Court by way of the present petition.