MANUBHAI F PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned counsel for the petitioner, on instructions, seeks permission to delete name of respondent no.2 from the petition as the presence of respondent no.2 is not necessary, in order to resolve dispute raised in the petition. Permission as prayed for is granted. Name of the respondent no.2 stands deleted from the petition.

(2.) Rule. Mr. K.G.Sheth, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent no.1. Mr. M.P.Prajapati, learned counsel waives service of notice of rule on behalf of respondent no.3. Having regard to the facts of the case and in view of joint request made by the learned counsel for the parties, the petition is taken up for final hearing today.

(3.) By means of filing this petition under Art. 226 of the Constitution, the petitioner, who is Upa-Sarpanch of Thaltej Gram Panchayat has prayed to issue a writ of mandamus or any other appropriate writ, order or direction to quash and set aside resolution dated October 13, 1999 by which no confidence motion is passed against the petitioner.