Gujarat High Court
Khodabhai Vashrambhai Khorani vs District Panchayat, Surendranagar on 17 July, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/12078/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12078 of 2019
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KHODABHAI VASHRAMBHAI KHORANI
Versus
DISTRICT PANCHAYAT, SURENDRANAGAR
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Appearance:
MR DAXAY PATEL, LD.ADVOCATE FOR MR BHARAT T RAO(697),
LD.ADVOCATE for the Petitioner(s).
MR HS MUNSHAW, LD.ADVOCATE for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 17/07/2019
ORAL ORDER
1. By way of the present petition under Articles 14, 19 and 226 of the Constitution of India, the petitioner has prayed as under:
"21(A) To admit and allow this petition; (B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the order/notice dated 9.7.2019 issued by District Development Officer, Surendranagar calling the Special meeting of Taluka Panchayat, Chotila to discuss no confidence motion against the petitioner on 17.7.2019 in view of the fact that the election for the 4 vacant seats has been declared by the Govt.
of Gujarat on 24.6.2019 and voting is scheduled on 21.7.2019 and counting to take place on 23.7.2019 and the fact that Model Page 1 of 4 Downloaded on : Fri Jul 19 00:19:43 IST 2019 C/SCA/12078/2019 ORDER Code of Conduct is in force, for the reasons stated in the memo of the petition, in the interest of justice;
(C) Pending admission, hearing and final
disposal of the present petition, Your
Lordships be pleased to restrain the
respondent nos.1 & 2 from calling and
conducting the Special meeting of Taluka
Panchayat, Chotila to discuss no confidence motion against the petitioner on 17.7.2019 pursuant to order/notice dated 9.7.2019 passed by D.D.O., Surendranagar, for the reasons stated in the memo of the petition and in the interest of justice;"
2. Short facts, arise from the record, are as under:
That the petitioner was elected as a President of Chotila Taluka Panchayat on 20/06/2018. A Motion of no confidence was moved against the petitioner in the month of March,2019, which was not accepted by the Officer in view of the decision rendered by this Court in Letters Patent Appeal No.543 of 2017 that such motion cannot be moved within a period of one year from the date of election and therefore, motion of no confidence was not accepted. On completion of one year of the petitioner being elected as President, another Motion of no confidence was moved on 21/06/2019. Since the meeting was not called for by the petitioner as provided under section 70(4)(a) of The Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act"), the authority by exercising power under section 70(4)(b) has called the meeting, which is fixed today. Hence, this petition.Page 2 of 4 Downloaded on : Fri Jul 19 00:19:43 IST 2019 C/SCA/12078/2019 ORDER
3. Mr.Daxay Patel, learned advocate appearing for Mr.B.T.Rao, learned advocate appearing on behalf of the petitioner would submit that the authority ought not to have called such meeting in view of the fact that Election Commission, State of Gujarat has issued Circular dated 24/06/2019, by which, the election for four members of Chotila Taluka Panchayat has been declared and therefore, there would be Model Code of Conduct in force, which would not permit the petitioner as President to call such meeting. He would submit that till the election, which is scheduled on 21/07/2019 is finished, the meeting, which is scheduled today may be suspended. He would submit that this matter was listed for hearing before this Court on 12/07/2019 and this Court issued Notice, which was made returnable on 17/07/2019.
4. In response to the notice issued by this Court, learned advocate Mr.H.S.Munshaw has appeared on behalf of the respondents and opposed to grant any relief, as prayed for, by the petitioner. He would submit that the opinion was sought from the Election Commission with regard to hold election, which is scheduled on 21/07/2019 or not. By order dated 09/07/2019, District Development Officer, Surendranagar was informed by the Election Officer that only in unavoidable circumstances, the meeting can be held. He has placed a communication dated 09/07/2019 for perusal of this Court. He would further submit that the petitioner as a President of Panchayat, is bound to call a meeting within a period of fifteen days as provided under section 70(4)(a) of the Act. He would submit that though the petitioner was asked to Page 3 of 4 Downloaded on : Fri Jul 19 00:19:43 IST 2019 C/SCA/12078/2019 ORDER call such meeting on two occasions, he did not call the meeting and therefore, the authority has exercised power under section 70(4)(b) and has fixed the meeting to today. Therefore, he would submit that the petition may be dismissed.
5. I have heard learned advocates appearing for the respective parties. It is an undisputed fact that on completion of one year, motion of No Confidence has been circulated on 21/06/2019. The petitioner as President has failed to call a meeting as provided under section 70(4)(a) of the Act and therefore, the authority has called the meeting under section 70(4)(b) of the Act. It is mandatory for the President to call such meeting and if he fails to call such meeting, the competent authority can call such meeting of the Panchayat and that too within a period of fifteen days from the date of receipt of the report and accordingly, the meeting is fixed today. I have gone through the communication dated 09/07/2019 issued by the Election Officer. In view of the mandatory provisions of section 70(4)(b) of the Act, in my opinion, the authority has not committed any error in calling the meeting. This petition is meritless. There is no substance in this petition and the same deserves to be dismissed and is accordingly dismissed. Notice is discharged.
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