JESABHAI JIVABHAI CHUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Neeraj Soni, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1. Ms. Khyati Hathi, learned advocate waives service of notice of Rule on behalf of respondent No.2 and Shri Anshin Desai, learned advocate waives service of notice of Rule on behalf of respondent No.3.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 26.04.2010 passed by the State Government i.e. Additional Development Commissioner, State of Gujarat, Gandhinagar in Revision/Appeal No.20/2010 by which the Appellate Authority has allowed the said Appeal preferred by the respondent No.3 herein by quashing and setting aside the order passed by the District Development Officer dated 18.01.2010 passed under Section 57 of the Gujarat Panchayat Act, which was passed removing the respondent No.3 as Sarpanch of Khorasa (Gir) Gram Panchayat. Shri D.M. Thakkar, learned advocate appearing on behalf of the petitioner has vehemently submitted that if the Appellate Authority was of the opinion that reasonable opportunity was not given to respondent No.3 by the District Development Officer and/or the order passed by the District Development Officer was in breach of principles of natural justice, in that case, Appellate Authority ought to have remanded the matter to the District Development Officer for passing appropriate order afresh after giving reasonable opportunity to all concerned. Shri Thakkar, learned advocate appearing on behalf of the petitioner has also tried to submit the case on merits with respect to the allegations against respondent No.3, however, as this Court proposes to remand the matter to District Development Officer, Junagadh, for passing appropriate order afresh after giving opportunity to the petitioner as well as respondent No.3 and all other concerned persons, this Court is not further considering the submissions on merits. Shri Anshin Desai, learned advocate appearing on behalf of respondent No.3 has stated at the Bar that respondent No.3 has no objection if the matter is remanded to the District Development Officer, Junagadh for considering the proceedings under Section 57 of the Gujarat Panchayat Act, after giving opportunity to all concerned inclusive of the petitioner and respondent No.3. He does not invite any further reasoned order. Under the circumstances, this Court is not further assigning any reasoned order while modifying the order passed by the Appellate Authority, impugned in the present petition and remanding the matter of District Development Officer, Junagadh. Shri Desai, learned advocate appearing on behalf of respondent No.3 has stated at the Bar that respondent No.3 shall appear before the District Development Officer, Junagadh on 9th August 2010 for making submissions on merits as he has already filed a reply to the show-cause notice issued by the District Development Officer, Junagadh.

(3.) Shri Desai, learned advocate appearing on behalf of respondent No.3 as well as Shri Thakkar, learned advocate appearing on behalf of the petitioner have jointly submitted that respective parties and/or other advocates shall make appropriate submissions before the District Development Officer, Junagadh on 09.08.2010 and let the District Development Officer, Junagadh pass an appropriate order in accordance with law and on merits afresh.