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2021 Supreme(Guj) 1261

SANGEETA K. VISHEN
Narenbhai Gunvantlal Jayaswal – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: C. J. Gogda, Vikas V. Nair.
For the Respondent: Mr. C.P. Champaneri, Mr. Bharat Vyas.

JUDGMENT :

1. With the consent of the learned advocates for the respective parties, the captioned writ petition has been taken up for final disposal.

2. Issue Rule. Mr.Bharat Vyas, learned Assistant Government Pleader waives service of Rule on behalf respondent Nos.1 and 3. Learned advocate Mr.C.P. Champaneri waives service of Rule on behalf of respondent No.5. Though served, respondent Nos.2 and 4 have chosen not to enter appearance.

3. By this petition, the petitioner has, inter alia, prayed for quashing and setting aside the requisition dated 18.01.2021 whereby, the elected members of the Chhota Udepur Nagarpalika have forwarded a requisition for moving motion of no confidence against the petitioner.

4. The edifice on which, the requisition dated 18.01.2021 has been challenged, is, it being unconstitutional and ultra-vires Articles 14, 16 and 243 of the Constitution of India as well as against the principles laid down by the Apex Court in the case of Vipulbhai M. Chaudhary vs. Gujarat Co-operative Milk Marketing Federation Limited reported in (2015) 8 SCC 1 and in the case of Shivangiben Chetankumar Patel vs. State of Gujarat reported in 2019 (2) GLR 865.

5. The facts of the cas

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