KASHIBEN SWAMINATH VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE scope of the controversy being limited, the petition is taken up for final hearing and disposal today. RULE. Learned advocates appearing for the respective parties are directed to waive service of rule.

(2.) THIS petition has been preferred challenging order dated 28. 04. 2009 made by respondent No. 1 authority against the communication dated 03. 03. 2009 issued by Taluka Development Officer, Taluka Panchayat, Bharuch in following facts and circumstances of the case.

(3.) THE petitioners and respondent No. 4 are all elected members of Village Panchayat, Bholav and respondent No. 4 was acting as Sarpanch of the Village Panchayat. As majority of the members found that respondent No. 4 was not discharging his duties in accordance with law, a proposal to remove him was mooted and ultimately, at the meeting convened on 02. 03. 2009, No Confidence Motion against respondent No. 4 came to be passed by a majority of 24 votes in favour of No Confidence Motion as against two votes against No Confidence Motion. Minutes of the meeting are available at Annexure-D. Pursuant thereto, the Deputy Sarpanch was intimated by the Taluka Development Officer vide communication dated 03. 03. 2009 to take over charge within three days from 02. 03. 2009 onwards.