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1999 Supreme(Guj) 528

C.K.THAKKER, K.M.MEHTA
THAKORE GANDAJI CHUNDAJI – Appellant
Versus
SECRETARY – Respondent


Advocates Appeared: S.B.BRAHMBHATT, TUSHAR MEHTA

C. K. THAKKER, K. M. MEHTA, J.

( 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 Constitutio




















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