Point of Law - Under section 13 of the Gujarat Panchayats Act, 1993, every panchayat, unless sooner dissolved under this Act shall continue for five years from the date appointed for its first meeting and no longer. Keeping such provisions in mind, and executive functions entrusted to the elected Sarpanch under Section 55 of the Panchayat Act, and object of the 73rd Constitutional Amendment Act, 1992 i.e. continuity and stability of Panchayati Raj institutions, we deem it appropriate that reasonable time of one year should be considered as reasonable time, within which time, no motion could be permitted for removal of elected Sarpanch by way of no confidence motion as contemplated under section 56 of the Gujarat Panchayats Act from the date of declaration of result.

JUDGMENT :

1. RULE. Mr. Adityasinh Jadeja, learned Assistant Government Pleader waives service of rule on behalf of respondent no. 1 and learned advocate Mr. Prithvisinh Jadeja waives service of rule on behalf of respondent no. 3. With the consent of the respective parties, the matter is taken up for final hearing.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

“28(A) Be pleased to issue writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction and quash and set aside the impugned communication dated 30.09.2021 issued by the respondent no. 3 for calling the special general meeting of the Lunawada Nagar Palika on 04.10.2021 and further be pleased to hold and declare that the motion of no confidence dated 08.09.2021 cannot be passed against the petitioner.

(B) Pending admission and final disposal of the present petition, be pleased to stay the impugned communication dated 30.09.2021 issued by the respondent no. 3 for the purpose of convening the special general meeting under sub-section 2 of Section 51 of the Act of the Lunawada Nagar Palika and further be pleased to restrain the respondents their agents and servants from restraining the petitioner from discharging her duties as the President of Lunawada Nagar Palika.”

3. The brief facts leading to the rise of this petition, are that the petitioner had contested election of Lunawada Nagar Palika in the year 2018 from Ward No. 1 and was declared elected and Election Certificate dated 19.02.2018 is also issued. The strength of Lunawada Nagar Palika is 27 councillors with one President and as such, total strength of 28 councillors. The term of the President of Lunawada Nagar Palika since was expiring, elections for the post of President was held on 24.08.2020 and the post of President was reserved for woman category and in the meeting held on 24.08.2020, in the hall of Nagar Palika at 11:00 am, 19 councillors voted in favour of the petitioner and 9 councillors voted in favour of Smt. Pritiben Umeshkumar Soni. As a result of this, the petitioner was declared as elected to the post of President of Lunawada Nagar Palika on 24.08.2020 and since then is functioning as such. It is the case of the petitioner that since defeated candidate i.e. Smt. Pritiben Umeshkumar Soni could not digest such defeat, had moved Dispute Application No. 13 of 2020 before the Designated Authority for seeking disqualification of the petitioner under the provisions of Gujarat Provisions for Disqualification of Members of Local Authority for Defection Act, 1986, but since the said challenge is not assumed much significant to the challenge made in present petition, learned advocate Mr. B.M. Mangukiya representing the petitioner has not placed much emphasis and as such, leaving aside the said controversy, the case of the petitioner then is that with a view to target the petitioner by rival group, a no confidence motion was moved on 02.01.2021 against the petitioner.

3.1. It is the case of the petitioner that feeling aggrieved by the said movement of no confidence motion, straightway a petition is preferred by the petitioner being Special Civil Application No. 559 of 2021 inter alia praying to prohibit the respondents from proceeding with the meeting as sought to be convened for passing motion of no confidence against the petitioner and challenge was made to the said impugned notice dated 02.01.2021.

3.2. It is the case of the petitioner that the matter was taken up for hearing before the Court and vide order dated 11.01.2021, the Hon’ble Court issued notice made it returnable on 18.01.2021 and after hearing at length on 18.01.2021, by way of ad-interim relief, the impugned notice dated 02.01.2021 issued by the Chief Officer, Lunawada Nagar Palika is ordered to be kept in abeyance till the next date of hearing and thereafter, according to the petitioner the matter was listed for hearing