KALAJI HATHUI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application is directed against the order dated 8-5-1998 passed by the District Development Officer, Banaskantha, Palanpur whereby the petitioner was removed from the office of the Upa-Sarpanch of Gram Panchayat, Gangva, Taluka Danta, District Banaskantha at Palanpur and the order dated 25-1-1999 passed by the Addl. Development Commissioner in Appeal.

(2.) This Special Civil Application was filed in the Court on 4-3-1999 against the aforesaid orders. The petitioner's case is that he was a member of the said Panchayat prior to 1990 but he was not a member of the said Panchayat and did not hold any office in the said village Panchayat Gangva from 1990 to 1995. The petitioner has stated that he is a supporter of Congress (I) party and in order to see that the supporters of the party loses its control over the Panchayat, a show-cause notice was issued at the instance of the members of the opposition party by the District Development Officer purporting to exercise his powers under Sec. 57 of the Gujarat Panchayats Act, 1993. It appears that the petitioner may not have been a member of the Panchayat from 1990 to 1995 but he was a member of the Panchayat prior to 1990 and it also appears from the impugned ;order Annexure 'D' dated 8-5-1998 passed by the District Development Officer, Banaskantha at Palanpur that the petitioner was elected as Upa-Sarpanch of the said Gram Panchayat on 10-7-1995 and was holding the office of the Upa-Sarpanch of the said Gram Panchayat since 10-7-1995.

(3.) On 31-1-1998 a show-cause notice was issued to the petitioner by the District Development Officer calling upon him to show cause as to why he should not be removed from the office of the Upa-Sarpanch under Sec. 57(1) of the Gujarat Panchayats Act, 1993 and by the very same show-cause notice, he was also asked to be present before the concerned District Development Officer on 16-2-1998 for personal hearing. The gist of the allegations levelled against the petitioner in the said show-cause notice is as under :-