Gujarat Court November 2011 Judgments

Jayendrasinh Bhupatsinh Diama Vs. State of Gujarat and Others

Court: Gujarat

Jayant Patel, J. 1. The learned Single Judge of this Court has opined that the present matter deserves to be referred to the Larger Bench for examining the following questions:- (a) Whether an incumbent of the office of the Sarpanch, Up-sarpanch, President, Vice President against whom the Panchayat has passed resolution expressing 'no confidence' in him can challenge it by way of appeal under Section 242 or revision under Section 249 or section 259 as the case may be of Gujarat Panchayat Act, 1993 (hereinafter referred to as the 'Panchayat Act'), in light of the provisions of Panchayat Act with special emphasis of provisions of sub-section (2) of Sections 56, 70, and 84 of the Panchayat Act ? (b) If the remedy is held to be available, then what interim relief could be granted to such incumbent in light of the statutory provisions of sub-section (2) of Sections 56, 70, and 84 of the Panchayat Act ? 2. The matter was placed before the Hon'ble the Acting Chief Justice for appropriate orde...