JOTIBEN LAXMANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Mr.Antani waives service of notice of rule for respondent no.1. Learned Advocate Mr.Munshaw waives service of notice of rule for respondent nos.2 and 3.

(2.) In this petition which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(3.) Learned advocate Mr.Champaneri appearing for the petitioner submitted that the general election of Patan District Panchayat was held in December, 2015. The total strength of the members of the Patan District Panchayat is 32 out of which 22 members are elected on the symbol of Indian National Congress party and 10 members are elected on the symbol of Bharatiya Janta Party. He further submits that in every district panchayat under Section 161 of the Gujarat Panchayats Act ('the Act' for short), the District Development Officer is ex-officio Secretary and other officers and servants shall discharge their functions and duties as may be conferred by the District Panchayat qua the post of President and Vice-President of the District Panchayat. The motion of no-confidence can be moved against the President and Vice-President after following procedure prescribed under the Act.