GANGABEN MULJIBHAI SOLANKI Vs. TALUKA DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioner, who was Sarpanch of village Vachhra Gram Panchayat, by way of present petition has challenged the impugned agenda notices by making the following prayers:

(2.) At the outset, it may be stated that the petition was filed on 06.06.2019 seeking stay of agenda notice dated 31.05.2019 for convening the meeting on 07.06.2019 with regard to consideration of proposed 'NO Confidence Motion' against the petitioner. The said meeting was held on 07.06.2019 and the resolution was passed in the said meeting by the majority against the petitioner. In the said meeting the petitioner did not remain present on the ground that she was bedridden and unable to attend the meeting. It is pertinent to note that the said resolution dated 07.06.2019 has not been challenged by the petitioner in the petition and therefore, as such, the impugned agenda notice having already been acted upon and the resolution in that regard having been passed against the petitioner, the petition has become infructuous.

(3.) Mr.P.S.Champaneri learned Advocate for the petitioner however vehemently submitted that the impugned agenda notice issued by the Taluka Development Officer was not in consonance with Rule 13 of the Gujarat Panchayat (Procedure) Rules, 1997 (hereinafter referred to as 'the Rules' for short) inasmuch as 'No Confidence Motion' against the petitioner­Sarpanch could not have been postponed. He also pressed in to service the provision contained in sub section 3 of Section 56 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as 'the said Act') to submit that the petitioner was denied her right to speak and take part in the proceedings of the meeting held on 07.06.2019.