YOGHESHBHAI RAMUBHAI PATEL Vs. URMILABEN PRAFULBHAI MAYAVANSHI

JUDGEMENT

(1.) This appeal is filed under Clause 15 of the Letters Patent against an order dated 23.05.2018 passed by the learned Single Judge, by which the learned Single Judge has granted ad-interim relief in favour of present respondent No.1 - original petitioner.

(2.) Heard learned advocate Mr.Dipen Desai appearing for the appellants, learned advocate Mr.B.M. Mangukiya for respondent No.1 - original petitioner, learned Assistant Government Pleader Mr.Rohan Yagnik for respondent No.2 and learned advocate Mr.H.S. Munshaw for respondent Nos.3 to 5.

(3.) Learned advocate Mr.Dipen Desai appearing for the appellants mainly contended that the election of the Chharwada Gram Panchayat was held on 27.12.2016. The result of the said election was declared on 29.12.2016. The first meeting of the Panchayat was held on 24.01.2017 and the original petitioner had taken the charge of Sarpanch from 27.01.2017. It is submitted that on 04.04.2017, agenda notice was issued by the Talati-cum-Mantri for holding the special general meeting for passing motion of No Confidence against the original petitioner. The meeting was convened on 11.04.2017. However, the said meeting was cancelled as there was no quorum. Thereafter, another motion of No Confidence was moved on 17.04.2017 and the meeting was convened on 09.05.2017. In the said meeting, No Confidence Motion was passed against the original petitioner. The original petitioner, therefore, filed petition being Special Civil Application No.10015 of 2017 before this Court. The learned Single Judge stayed the resolution passed by the Panchayat in its meeting whereby the No Confidence Motion is passed against the original petitioner. The present appellants, therefore, filed Letters Patent Appeal No.2157 of 2017 before the Division Bench of this Court. It is submitted that the Division Bench by an order dated 20.04.2018 disposed of the said appeal as both the learned advocates agreed for setting aside the resolution of No Confidence passed by the Panchayat in its meeting dated 09.05.2017. However, the Division Bench has clarified that if the Members of the Gram Panchayat find it appropriate to move fresh No Confidence motion against the original petitioner, then they may do so in accordance with law and in such case, the setting aside of the Resolution dated 09.05.2017 will not come in their way for such consideration.