DASHRATHLAL ISHWARBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned AGP Ms. Suman Motla waives service of rule on behalf of respondent No.1 and learned advocate Mr. Naman Brahmbhatt waives service of rule on behalf of respondent Nos.8, 11, 12, 14 and 15.

(2.) This petition is filed challenging the 'No Confidence Motion' dtd. 4/4/2025, passed against the petitioner during his tenure as Sarpanch of Tana Gram Panchayat.

(3.) Heard learned advocate Mr.S.P.Majmudar for the petitioner. Learned advocate for the petitioner submitted that on 22/12/2021, the petitioner was elected as Sarpanch of Tana Gram Panchayat for the period of five years along with other members. From the date he elected as Sarpanch till the resolution dtd. 4/4/2025 of 'No Confidence Motion', the petitioner had performed his duties diligently and also handled the affairs of Gram Panchayat competently. Competency certificate of his performance is available. However, on 20/3/2025 few members of Tana Gram Panchayat gave notice under Sec. 56(1) of Gram Panchayat Act, 1993 ("The Act, 1993" for short) for initiation of 'No Confidence Motion' against the petitioner as Sarpanch. The notice dtd. 20/3/2025 is at Annexure E page 35. Thereafter, on 28/3/2025, an agenda was circulated for holding the special meeting on 4/4/2025 at 11:30 am for passing of 'No Confidence Motion' against the petitioner. The special meeting scheduled on 4/4/2025 was conducted by Up-Sarpanch and attended by all 13 members. In the said meeting voting was under taken for passing the 'No Confidence Motion' against the petitioner and out of 13 members, 10 members voted for 'No Confidence Motion' and 03 members voted against 'No Confidence Motion'. Thus, in view of 2/3rd majority for 'No Confidence Motion', against the petitioner, it was approved and passed accordingly. Learned advocate further submitted that the said meeting was video recorded and though the petitioner wished to canvass against 'No Confidence Motion' and tried to exercise its right to speak however, he was not allowed to speak which is contrary to Sec. 56(3) of the Act, 1993. Accordingly, 'No Confidence Motion', was passed against the petitioner on 4/4/2025. Resultantly, on 7/4/2025, Taluka Development Officer addressed a letter to Talati-cum-Mantri informing about 'No Confidence Motion' dtd. 4/4/2025 against the petitioner and further directing him to hand over the charge of Sarpanch of Tana Gram Panchayat to Up- Sarpanch. Accordingly, the action was taken. However, since 'No Confidence Motion' was passed against the provisions of the Act, 1993 particularly, Sec. 56(3) of the Act, 1993 where petitioner was not permitted to exercise his right to speak, respondent Nos. 7, 8, 11, 14 and 15 now have stated on oath by filing their respective affidavits that petitioner though tried was not allowed to speak. Learned advocate thus submitted that the affidavits dtd. 18/4/2025 are at Annexure G page 39 wherein respondent Nos. 7, 8, 11, 14 and 15 have stated that the petitioner though tried was not allowed to speak. Therefore, 'No Confidence Motion' passed on 4/4/2025 deserves to be quashed and set aside on this ground alone.