RAYSANGBHAI RANCHHODBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order of the Additional Development Commissioner in Appeal whereby the Appeal was dismissed confirming the order of the District Development Officer.

(2.) It is the case of the petitioner that the petitioner while serving as Sarpanch of Village Vatadra, Taluka Khambhat, District Anand was issued a Notice under 57(1) of the Gujarat Panchayats Act, 1993 by the District Development Officer, Anand on 29.05.2009 which was replied to by the petitioner and after considering the reply of the petitioner, the District Development Officer removed the petitioner from the post of Sarpanch vide order dated 23.07.2009. The appeal filed against the said order came to be dismissed.

(3.) Mr. Kaushal D. Pandya learned Advocate for the petitioner argued that the petitioner should not have been removed from the post of Sarpanch as the allegations against him are not proved. While relying upon the decision in the case of Virbalaben Girishbhai Trivedi and Others V. State of Gujarat and Others 2010(1) G.L.H. Page 753, Mr. Pandya has submitted that the orders passed by both the authorities are required to be quashed and set aside. Relevant portion as relied upon by Mr. Pandya reads as under :-