CHAMPABEN PURSHOTAMBHAI GHOGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-petitioner has preferred this Appeal against Order dated 31st March, 2010, whereby the learned Single Judge refused to entertain the writ petition against a show-cause notice. As a complicated question arises as to who is the 'Competent Authority' and whether District Development Officer who issued the show-cause notice has jurisdiction to issue such notice, cannot be determined by the authority, upon requests we heard the case on merits.

(2.) The appellant, an elected Sarpanch of Melana Gram Panchayat was served with a show-cause notice dated 15th March, 2010 by the District Development Officer, Bhavnagar, under Sec. 58 of the Gujarat Panchayats Act, 1993 ('the Act' for short), calling upon him to explain why action be not initiated under Secs. 58(1) and (2). The said notice has been challenged on the ground that the District Development Officer, Bhavnagar has no jurisdiction to issue such notice under Sec. 58(2) of the Act, he being not the 'Competent Authority'.

(3.) Mr. P. K. Jani, learned Government Pleader accepts that the District Development Officer, Bhavnagar is not the Competent Authority as per Sec. 58(2) of the Act, but he would contend that the appellant having remained absent for more than 3 months between August, 2009 and October, 2009, she is deemed to have vacated the seat of Sarpanch, in view of Sec. 58(1) of the Act. In fact, the appellant should have preferred an appeal against the same.