JAGRUTIBEN BABUBHAI SHAH PRESIDENT Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the notice dated 21.4.2005 for holding a meeting on 3rd May 2005 for putting to vote a no-confidence motion against the petitioner who is the President of the Kutch District Panchayat The petitioner has also challenged the communication dated 20th April, 2005 from the Government to the District Development Officer requesting the District Development Officer to hold a meeting for considering the no- confidence motion on or before 4th May, 2005.

(2.) The petitioner was the President of the District Panchayat, Kutch. The present strength of the District Panchayat is of 29 members. 22 members of the District Panchayat signed a notice of no-confidence motion against the petitioner on 30th March, 2005 and addressed the same to the petitioner calling upon the petitioner to convene a meeting of the District Panchayat within a period of 15 days from the date of receipt of the notice i.e. by 13th April, 2005. The petitioner issued a notice on 11.4.05 in which it is stated that the meeting shall be held to consider the no- confidence motion on 9th June, 2005. The District Development Officer wrote a letter dated 12th April, 2005 to the petitioner. In the said letter, the District Development Officer indicated to the petitoiner that the notice of no- confidence motion was received on 30th March 2005 and the meeting of the Panchayat is required to be called within a period of 15 days from the date of receipt of notice of no- confidence motion. He, therefore, pointed out to the petitioner that the meeting cannot be held at such a distant point of time. The petitioner replied to the District Development Officer vide her letter dated 13.4.2005 contending that as per section 84(4)(a) of the Gujarat Panchayats Act, 1993 (hereinafter to be referred to as the Ssaid Act"), the meeting has to be called within a period of 15 days from the date of receipt of a notice of no- confidence motion. Accordingly, when she has called such meeting by notice dated 11.4.2005, nothing further is required to be done in this regard and that the meeting should be held on 9.6.2005. Since the petitioner did not change the date of proposed meeting, the District Development Officer issued a notice dated 21.4.2005 calling for a Special General Meeting to consider the no-confidence motion. The meeting was scheduled on 3rd May, 2005 at 12 'O clock in the District Panchayat office.

(3.) The petitioner, therefore, filed the present petition challenging the requisition of meeting on 3rd May, 2005 pursuant to the notice issued by the District Development Officer on 21.4.05. The learned single Judge of this Court by an order dated 26th April, 2005 issued notice returnable on 4th May 2005, but refused to grant interim relief as prayed for by the petitioner at that stage. It may be noted that the meeting of the District Panchayat was held on 3rd May, 2005 and no-confidence motion against the petitioner was passed when 21 members voted in favour of the motion and 8 members of the Panchayat remained absent. By an order dated 5th May, 2005, the learned single Judge ordered holding of a fresh meeting for considering the no confidence motion to be held on 13th May 2005. The learned single Judge also put in abeyance the proceedings of the meeting held on 3rd May, 2005 upon recording the statement on behalf of the petitioner that she will not function as President of the District Panchayat until 13th May 2005.