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1997 Supreme(Guj) 517

M.S.SHAH
NARMADABEN V. PARMAR – Appellant
Versus
TALUKA DEVELOPMENT OFFICER,kheralu – Respondent


Advocates Appeared: D.PANDEY, P.K.JANIKIRAN, TUSHAR MEHTA

M. S. SHAH, J.

( 1 ) ). This petition under Art. 226 of the Constitution raises an interesting and neat question of law whether the Chairman of the Social Justice committee of the Taluka Panchayat (hereinafter referred to as the Committee) elected by the members of the said Committee from amongst themselves can be removed by its members by passing a motion of "no-confidence".

( 2 ) ). The petitioner is an elected member of Kheralu Taluka Panchayat-respondent no. 2 herein. In her capacity as a member of Taluka Panchayat the petitioner was elected as a member of the Social Justice Committee of the Taluka Panchayat. The committee has five members and from amongst the members of the Committee the petitioner was elected as the Chairman of the said Committee on January 18, 1996. Thereafter on April 19, 1997, the remaining four members of the Committee moved a motion of no-confidence and therefore, the Taluka Development Officer, who is the Secretary of the Panchayat, informed the petitioner that the motion of noconfidence was received on April 19, 1997 and it was also forwarded to the petitioner on the same day. Hence, if the petitioner did not convene a meeting of the Social justice Comm













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