SHIVANGIBEN CHETANKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Letters Patent Appeal No.543 of 2017 is filed by the appellant original petitioner, in Special Civil Application No.2508 of 2017, aggrieved by the order dated 03.04.2017 passed by the learned Single Judge. By the aforesaid order, the learned Single Judge dismissed the petition filed by the original petitioner.

(2.) The appellant herein is elected as Sarpanch of Sankheda Gram Panchayat of District Chhota Udepur, in the election held on 27.12016. The appellant - original petitioner was declared elected on 29.12016. Electorate of election was, qualified voters of village Panchayat. First meeting of the Panchayat was held on 16.1.2017, in which, UpSarpanch was elected. Election of UpSarpanch is in direct election. He is elected by the members of Panchayat and elected Sarpanch. It is the case of the appellant that second meeting was held on 24.1.2017, in which, only agenda was with regard to formation of Committees. Thereafter, on 25.01.2017, members of Panchayat, numbering 11 out of 14 members of Gram Panchayat moved no confidence motion against the appellant - Sarpanch. It is stated that Gram Sabha which was held on 26.1.2017, rejected such motion.

(3.) Before the learned Single Judge, mainly it was case of the appellant that impleaded respondents have moved no confidence motion against her, immediately after first meeting, without giving any reasonable time to discharge, functions as Sarpanch. It was the case of the appellant that accountability and transparency in functioning of Sarpanch can only be assessed, if the elected Sarpanch is allowed to function for some time to discharge her / his duties and obligations' as required under Section 55 of the Gujarat Panchayats Act, 199 It was the case of the appellant that as no confidence motion was moved immediately after 1st meeting, such step on the part of the respondents is irrational, unreasonable and arbitrary and as such, violative of rights guaranteed under Article 14 of the Constitution of India. Further it was the case of the appellant that, even in absence of any restriction for moving no confidence motion after election, under Section 56 of the Panchayats Act, 1993, reasonable time is to be read into, so as to allow the elected Sarpanch to function as Sarpanch to discharge his / her duties and obligations'.