KAILASBA JILUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Udit D. Mehta, learned Assistant Government Pleader, waives service of notice of Rule for Respondent No.1 State of Gujarat, and Mr. H.S. Munshaw, learned advocate, wavies service of notice of Rule for Respondents Nos.2 and 3. On the facts and in the circumstances of the case, and with the consent of learned advocates for the respective parties, the petition is being heard and decided finally.

(2.) The petitioner, who was elected as the Sarpanch of Bhadreshwar Gram Panchyat, has filed this petition under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus or any other appropriate direction, quashing and setting aside the resolution/proceedings dated 11.08.2014 of Bhadreshwar Gram Panchayat, accepting the no confidence motion against the petitioner.

(3.) Briefly stated, the facts of the case are that the petitioner was elected as the Sarpanch of Bhadreshwar Gram Panchayat in the year 2012. Since then, she was performing the functions and discharging the duties of that office until the passing of the abovementioned no confidence motion. A meeting of the Gram Panchayat was convened on 11.08.2014, at Mahatma Gandhi Gram Sachivalay, Bhadreshwar, at 12:00 Noon, wherein a total number of nine members, including the present petitioner, were present. The Upa-Sarpanch, who had already resigned as such, also remained present in the said meeting, which was presided over by him. It is the case of the petitioner that Respondent No.3 Talati-cum-Mantri of the said Gram Panchayat, read out the proposal of the no confidence motion against the petitioner. Thereafter voting on the said motion took place by asking the members to raise their hands either in favour of the no confidence motion, or against it. According to the petitioner, six members, including the UpaSarpanch who had already resigned, cast their votes in favour of the no confidence motion and three members, including the petitioner, voted against the said motion. The proposal of no confidence motion was passed against the petitioner and the resolution was signed by the UpaSarpanch and Talati-cum-Mantri.