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2021 Supreme(Guj) 700

ASHUTOSH J. SHASTRI
LALJIBHAI RAMJIBHAI MAKWANA – Appellant
Versus
DISTRICT DEVELOPMENT OFFICER DISTRICT SURENDRANAGAR – Respondent


Advocates Appeared:
For The Appellant : MR BM MANGUKIYA, MS BELA A PRAJAPATI
For The Respondent: MR HS MUNSHAW

JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. H.S. Munshaw waives service of Rule on behalf of the respondents.

2. By way of the present petition, filed under Article 226 of the Constitution of India, a challenge is made to the resolution dated 05.05.2021 passed in the meeting of Gram Panchayat, Sejakpur, whereby No Confidence Motion is passed against the petitioner.

3. The case of the petitioner is that, in election of Gram Panchayat, Sejakpur, held in December, 2016, the petitioner contested on a seat reserved for Scheduled Caste, and was declared as a Sarpanch of Gram Panchayat. The term of the petitioner would get over in the year 2021. The petitioner is affiliated with the Bhartiya Janta Party. The total strength of the Gram Panchayat is 9 members including the Sarpanch.

4. The petitioner states that six members of the Gram Panchayat moved a motion of No Confidence against the petitioner on 26.08.2019, and in turn, the Taluka Development Officer forwarded a communication on 16.09.2019 intimating the petitioner and other members of the Gram Panchayat that meeting of the Gram Panchayat is convened on 20.09.2019 for the purpose of considering motion of No Confidence a

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