HARIBHAI GALBABHAI PATEL SARPANCH Vs. PARMABHAI KANJIBHAI PARMAR

JUDGEMENT

(1.) Admitted. Mr. C.B. Dastoor appears and waives service of notice of admission on behalf of respondent No. 2. Mr. Munsha who had appeared on behalf of respondent No. 2 before learned Single Judge is present in Court as requested to appear in the matter as he appeared before the learned Single Judge. Ms. Manisha Lavkumar, AGP appears and waives service of notice of admission on behalf of respondents Nos. 3 and 4. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This appeal is filed against an interim order passed by the learned Single Judge in SCA No. 1222 of 1999 on December 8, 1999. The order reads as under: "Heard learned advocates on interim relief. There shall be interim relief in terms of the ad-interim order made on 17th February 1999. Learned advocate Mr. Dave requests that this order be stayed for a period of two weeks. Request is rejected."

(3.) The case of the appellant was that they were elected as Sarpanch and Member respectively of Mahi Gram Panchayat, Taluka Vadgam, District Banaskantha in an election held on January 2, 1997. It appears that a criminal case was- filed against the appellants. A notice under Sec. 57 (1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act") was issued. The District Development Officer, respondent No. 2, by an order dated December 2, 1998, after affording an opportunity of hearing, removed the appellants as Sarpanch and Member respectively in exercise of power under the said provision.