THAKORE GANDAJI CHUNDAJI Vs. SECRETARY

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, direction or order declaring the provisions of Section 56 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act") as arbitrary, ultra vires, unconstitutional and violative of Articles 14 and 19 of the Constitution of India. A prayer is also made to issue appropriate directions to quash and set aside No Confidence Motion, dated 15/05/1997 (Annexure "B" to the petition).

(2.) The case of the petitioners is that they are citizens and nationals of India and they are residents of village Indrad. They were registered as voters of said village. It is stated that eight members of the Village Panchayat gave a notice for " No Confidence Motion" against Sarpanch-Smt.Raiben, W/0 of Ramaji Maganji Thakore, respondent No.4 to the petition. The notice was given on 15/05/1998 making baseless and false allegations against her. It was asserted by the petitioners that they are interested in proper administration of Village Panchayat and as the issuance of notice was contrary to law and the provisions under which it was issued are unconstitutional and ultra vires the Constitution of India, they are constrained to approach this court by filing the petition.

(3.) It appears that the matter was placed before the learned vacation judge though vires was challenged in the petition. As per the Gujarat High Court Rules, 1993, such matter ccan be placed before a Division Bench. But since the petition was filed on 21/05/1999, i.e. during summer vacation, it was placed before the vacation judge. The learned vacation judge after hearing the learned advocate for petitioners issued notice to the respondents and made it returnable on 28/06/1999. Ad-interim relief in terms of para 16 (C) was also granted till returnable date. Thereafter the matter was placed before a Division Bench taking up such matters. The Division Bench admitted the matter on September 2, 1999. Ad-interim relief was ordered to be continued from time to time. Today, the matter is called for hearing.