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1997 Supreme(Guj) 309

C.K.THAKKER, R.M.DOSHIT
RAMANBHAI SHANABHAI PATEL – Appellant
Versus
NADIAD TALUKA PANCHAYAT – Respondent


Advocates Appeared: SURESH M.TRIVEDI

C. K. THAKKER, J.

( 1 ) THIS appeal is directed against an order passed by the learned single Judge summarily dismissing Special Civil Application No. 7082 of 1997.

( 2 ) THE appellant was the President of Nadiad Taluka Panchayat, Nadiad (respondent No. 1 herein ). No confidence was moved against the appellant which was passed by all the members present at the meeting. It may be noted that out of 34 members, at the time of voting, 31 remained present and all of them voted in favour of "no confidence motion". In other words, all the members present at the meeting expressed no confidence in the appellant.

( 3 ) IT was contended on behalf of the appellant that the procedure prescribed under the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act") and gujarat Panchayats (Procedure) Rules, 1997 (hereinafter referred to as the "procedure rules") had not been complied with.

( 4 ) AN appeal was filed against the said order under Sec. 259 of the Act, wherein the Government held that notice issued was in consonance with the provisions of the Act and the Rules. Since the meeting was not called by the appellant, the District development Officer who was competent authority issued






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