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Judgment
A.G.Uraizee, J
Heard Falguni D. Trivedi, learned advocate for the applicant, Ms. Jyoti Bhatt, learned AGP for the respondent No.1 and Mr. Premal R. Joshi, learned advocate for the respondent No.3.
The present application is preferred for amendment in main Special Civil Application No.11550 of 2019 to challenge notice dated 02.07.2019 instead of notice dated 04.06.2019 and the removal of the applicant from the post of Surpanch a meeting was held on 29.07.2019 consequently upon passing of no confidence motion in the meeting dated 29.07.2019 convened in pursuance of notice dated 02.07.2019.
Mr. Trivedi, learned advocate for the applicant vehemently submitted that notice dated 04.06.2019 was withdrawn because it was not in the proper format, and therefore, to rectify the technical irregularity notice dated 02.07.2019 for no confidence motion was given. She further submits that the petitioner had immediately moved on the receipt of requisition dated 04.06.2019. She submits that the applicant proposes to contest ensuing election for the post of Surpanch which is selected on 19.01.2020, and therefore, the amendment may be allowed.
Per contra, Ms. Bhatt, learned AGP for the respondent No.1 and Ms. Joshi, learned advocate for the respondent No.3 submitted that the notice dated 04.06.2019 was already withdrawn, and thereafter, upon receipt of fresh requisition notice dated 02.07.2019 was issued. It is further submitted that pursuant to requisition dated 02.07.2019 meeting was convened on 29.07.2019 and the applicant has already been removed from the post of Surpanch. It is, therefore, submitted that the main petition itself has become infructuous, and therefore, the amendment cannot be allowed.
It is imminently clear from the prayers made in the main petition that the petitioner has challenged requisition dated 04.06.2019. It further appears that by communication dated 06.06.2019 the memebers of the panchayat were informed that the notice dated 04.06.2019 was not in a proper format as contemplated under the Panchayat Act, and therefore, the proposal for no confidence motion was filed with a rider that now nothing remains to be done in connection with the notice dated 04.06.2019. It further appears that thereafter fresh requisition was received on 02.07.2019, and therefore, fresh notice was given on the same date. It is also undisputed fact that thereafter in pursuance of notice dated 02.07.2019 meeting of the panchayat was convened on 29.07.2019 in which the no confidence motion against the applicant was carried and she came to be removed from the post of Surpanch. Thus, it is manifestly clear that the requisition dated 02.07.2019 and removal of the applicant from the post of Surpanch is separate cause of action, and therefore, the amendment as prayed for in this application cannot be permitted.
The present application, therefore, stands rejected.