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A. Y. KOGJE
Ushaben Sureshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule. Ms.Jyoti Bhatt, learned AGP waives service of rule for the respondent-State and Learned advocate Mr.Dipak Sanchela waives service of rule for the respondent nos.3 to 19.
2. Since both these petitions raising identical issue involved in Special Civil Application No.5286 of 2022, learned advocates for the respective parties have requested the Court to take up these petition for final disposal, as the same are substantially covered with the issue of Special Civil Application No.5286 of 2022. Accordingly, the Court, upon request, has taken up both these petitions for final disposal.
3. At the outset, it is necessary to observe that Special Civil Application No.5286 of 2022 was filed in connection with the same issue. The motion of no confidence, which was challenged before the Regional Commissioner by the members, who had voted in the no confidence motion has been dealt with and disposed of by separate order, whereas the present petitioners are the President and Vice President respectively of the very municipality viz. Aamod Municipality against whom motion of no confidence was moved.
4. This petition under Article 226 of the Constitution of India is filed for issuance
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 meetin....
The court established that the immunity from no-confidence motions under Section 49(1) applies from the date of election of the current officeholder, not the first president.
Compliance with statutory provisions and loss of confidence of the majority Councillors are crucial in passing a motion of no-confidence under Section 55-1A of the Act of 1965.
The time required to obtain a certified copy is excluded when calculating the limitation period for filing a dispute concerning a no-confidence motion under local law.
The main legal point established in the judgment is that a no confidence motion must be passed by a minimum of two-thirds majority of the total number of elected Councillors and must be proposed and ....
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