NARMADABEN V PARMAR Vs. TALUKA DEVELOPMENT OFFICER KHERALU

JUDGEMENT

(1.) . This petition under Art. 226 of the Constitution raises an interesting and neat question of law whether the Chairman of the Social Justice Committee of the Taluka Panchayat (hereinafter referred to as the Committee) elected by the members of the said Committee from amongst themselves can be removed by its members by passing a motion of "no-confidence".

(2.) . The petitioner is an elected member of Kheralu Taluka Panchayat-respondent No. 2 herein. In her capacity as a member of Taluka Panchayat the petitioner was elected as a member of the Social Justice Committee of the Taluka Panchayat. The Committee has five members and from amongst the members of the Committee the petitioner was elected as the Chairman of the said Committee on January 18, 1996. Thereafter on April 19, 1997, the remaining four members of the Committee moved a motion of no-confidence and therefore, the Taluka Development Officer, who is the Secretary of the Panchayat, informed the petitioner that the motion of noconfidence was received on April 19, 1997 and it was also forwarded to the petitioner on the same day. Hence, if the petitioner did not convene a meeting of the Social Justice Committee within 15 days, the meeting will be convened by the Taluka Development Officer or the District Development Officer. In view of the said communication dated April 28, 1997 the petitioner filed the present petition on April 30, 1997.

(3.) . The petition is filed for quashing and setting aside the said communication and for a declaration that the said notice was without jurisdiction and beyond the scope of provisions of the Gujarat Panchayats Act, 1993 (hereinafter referred to as the Act) and also for a declaration that the motion of no-confidence against the petitioner was without jurisdiction and beyond the scope of provisions of the Act.