M.R. SHAH –

Leave to amend.

1. By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order directing the respondent authorities to comply, obey and implement the order dated 12.04.2010 passed by the Appellate Committee of the Bharuch District Panchayat and to direct the concerned respondents to give the charge of the Sarpanch of Bholav Gram Panchayat to the petitioner forthwith.

2. Facts leading to filing of the present Special Civil Application in nut-shell are as under:

2.1 Petitioner was the Sarpanch of Bholav Gram Panchayat. That No Confidence Motion was moved against him and the same was passed in meeting which was convened on 03.03.2009. That being aggrieved and dissatisfied with passing of a No Confidence Motion against the petitioner, petitioner preferred Revision Application before the State Government who vide order dated 28.04.2009 held in favour of the petitioner and declared that the No Confidence Motion passed against the petitioner was contrary to the provisions of Gujarat Panchayat Act (hereinafter referred to as “Act, 1993”). That the order passed by respondent No.1 State Government dated 28.04.2009, came to be challenged by some members of the Bholav Gram Panchayat by way of Special Civil Application No.4436/2009 and the learned Single Judge (Coram: D.A. Mehta, J. as he then was) allowed the said Special Civil Application and quashed and set aside the order passed by the Revisional Authority dated 28.04.2009 by observing that the Revisional Authority could not have exercised jurisdiction in light of statutory scheme of appeal before the Appellate Committe of the District Panchayat provided in Sections 242 to 244 of the Act,1993 however, leaving it open to the petitioner to approach the Appellate Authority and seek appropriate relief. It appears that thereafter the petitioner preferred an Appeal before the Appellate Committee of District Panchayat against the resolution passed by the Gram Panchayat, Bholav to pass No Confidence Motion against the petitioner. It appears that in the said Appeal, the petitioner also submitted an application for interim stay and the proceedings of District Panchyat, Bharuch vide order dated 02.07.2009 granted stay in favour of the petitioner till the Appellate Committee meets and decides the appeal of the present petitioner (Copy of such stay order is not placed on record). It appears that thereafter the petitioner wrote a letter to respondent No.4 on 08.07.2009 permitting the petitioner to work as Sarpanch of the village Panchayat. It appears that Taluka Development Officer, Bharuch passed an order dated 08.07.2009 informing the petitioner that the charge of the Sarpanch of Bholav Gram Panchayat should be handed over to the Deputy Sarpanch. That the petitioner preferred Special Civil Application No.11846/2009 before this Court seeking direction that the respondent authority should not restrain the petitioner from performing as Sarpanch of Bholav Gram Panchayat and requested to quash and set aside the order dated 02.07.2009. That the said Special Civil Application came to be disposed of by this Court by order dated 01.12.2009 as the Appeal of the petitioner was pending and this Court directed the Appellate Committee to decide and dispose of the said Appeal within a period of six months. It is the case on behalf of the petitioner that thereafter the Appeal of the petitioner has been disposed of by the Appellate Committee of the District Panchayat, Bharuch vide order dated 12.04.2010, by which the Appellate Committee has allowed the said Appeal of the petitioner and has quashed and set aside the No Confidence Motion dated 02.03.2009 passed against the petitioner, however, the concerned respondents are not allowing the petitioner to perform his duties as a Sarpanch and is not giving charge of the Sarpanch to the petitioner and therefore, the petitioner has preferred the present Special Civil Appl