Point of Law: Provisions contained in Sections 56, 70, 84 and 146 of the Act, it can be said that in all those provisions, special provision is made regarding passing of no confidence Motion by 2/3rd majority and not by simple majority

JUDGMENT :

V.M. Pancholi, J.

1. Rule. Learned Assistant Government Pleader Mr. Antani waives service of notice of rule for respondent No.1. Learned Advocate Mr. Munshaw waives service of notice of rule for respondent Nos. 2 and 3.

2. In this petition which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:--

"7(A) That this Hon'ble Court may kindly be pleased to admit and allow the present petition.

(B) That this Hon'ble Court may kindly be pleased to issue writ of mandamus or any other writ, order or direction in the Nature of same and be pleased to direct the respondent No. 1, 2 and 3 to call for and convene a Special General Meeting for passing the motion of no confidence as requisitioned by the petitioner and other two Members on 13.08.2019 within a period of 7 days.

(C) That this Hon'ble Court will be pleased to pass such other and further order as the Nature and circumstances of the case may require."

3. Learned Advocate Mr. Champaneri appearing for the petitioner submitted that the general election of Patan District Panchayat was held in December, 2015. The total strength of the Members of the Patan District Panchayat is 32 out of which 22 Members are elected on the Symbol of Indian National Congress party and 10 Members are elected on the Symbol of Bharatiya Janta Party. He further submits that in every district Panchayat under Section 161 of the Gujarat Panchayats Act ('the Act' for short), the District Development Officer is Ex-Officio Secretary and other Officers and servants shall discharge their functions and duties as may be conferred by the District Panchayat qua the post of President and Vice-President of the District Panchayat. The motion of no-confidence can be moved against the President and Vice-President after following procedure prescribed under the Act.

3.1. At this stage, it is submitted that as per the provisions contained in Section 145 of the Act, the District Panchayat shall constitute such other Committees to discharge the functions which can be conferred upon them. One of such Committee is Public Works Committee. It is submitted that procedure in respect of the meetings of such Committees is the same as provided for the meetings of the District Panchayat. The Rules provide for passing of no confidence motion against the Chairman of a Committee of the District Panchayat. It is submitted that from the scheme of the Act and Rules framed thereunder it can be said that the motion of no confidence can be moved against the Chairman of a Committee of the District Panchayat.

3.2. Learned Advocate Mr. Champaneri thereafter would submit that Public Works Committee of the District Panchayat constitutes of five Members, out of which three Members including the petitioner had moved a requisition of passing of no confidence against the Chairman of the said Committee. Such request was moved on 13.8.2019. On the receipt of aforesaid requisition, the Secretary of the said Committee issued a communication to the Chairman of the said Committee and asked him to call Special General Meeting within a period of 15 days as per the provisions contained in Rule 20 of the Panchayat (Procedure) Rules, 1997 (hereinafter referred to as 'the Rules' for short).

3.3. At this stage, learned Advocate for the petitioner has pointed out from the record that during this term, the motion of no confidence was moved against the chairman of another Committee and such Chairman of that Committee had called for the meeting within a period of 15 days. However, in the present case, the Chairman of the respondent No. 3 Committee did not issue an agenda for calling a Special General Meeting within a period of 15 days. Therefore, the concerned Secretary informed the petitioner on 31.8.2019 pointing out that the Chairman of the Public Works Committee is not calling and convening a Special General Meet