URMILABEN MANGALSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners who are President and Vice- President of the Gondal Taluka Panchayat have preferred this petition challenging the order of the respondent No. 2 dated 18/10/1995 confirmed by the State Government on 13-12-1995, by which it was ordered that the decision of the President taken on 27-7-1995 for adjourning the meeting was illegal and therefore, the proceedings which were taken at the said meeting by the majority members were valid and the Committees constituted pursuant to that, stood duly constituted. The * for quashing the Order passed by the Dist. Development Officer and confirmed by respondent No. 1. President was warned against the lapse in discharging her duties as a President, for the future.

(2.) It was strongly contended on behalf of the petitioners that the Minutes which were recorded for the meeting which took place on 27-7-1995, a copy of which is at Annexure "D" to the petition, clearly discloses that there was chaos at the meeting and that the petitioner as a President was justified in adjourning the meeting. Reliance was placed on the provisions of Sec. 69 of the Gujarat Panchayats Act, 1993 which empowered the President to convene, preside and conduct meetings of the Taluka Panchayats.

(3.) Both the authorities have found that there was no justification on the part of the petitioner to adjourn the meeting and it could not be said that the situation was beyond control and therefore, the proceedings which took place at that meeting, after the petitioner announced it to be adjoruned and left, were lawful proceedings and the majority decision regarding constitution of the Committee taken at that meeting, was required to be upheld.