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Judgment
Biren Vaishnav, J
Heard Mr. H.A. Dave, learned counsel for the petitioner and perused the record.
In this petition, a motion of no confidence against the petitioner dated 26.11.2021 by the Chhota Udepur Municipality is challenged. The meeting is sought to be convened on 1.12.2021 i.e. tomorrow @ 10.30 am.
Mr. Dave would submit that the petitioner was elected as Vice President on 20.1.2021. In the case of Shivangiben Chetankumar Patel v. State of Gujarat reported in 2012()2) GLR 865 in context of Section 56 of the Gujarat Panchayats Act, 1973, in paras 43 and 44 of the decision, it is held that no motion to be permitted for removal of an elected Sarpanch by way of no confidence motion as contemplated u/S. 56 of the Act from the date of declaration of the result. No confidence motion can be moved and defeated, but cannot be permitted for a period of one year from the date of such defeat.
Mr. Dave would submit that in an identical matter being SCA No.1994/2021 in context of the provisions of Section 36 of the Municipalities Act, the decision in the case of Shivangiben Chetankumar Patel (Supra) has been followed. The petition is allowed. The Judgment is pronounced but the copy of the order is awaited.
NOTICE, returnable on 3.12.2021.
In the meantime, the communication dated 26. 11.2021 is suspended.