MUKESHBHAI MEGHJIBHAI KAPADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in Special Civil Application No.13610 of 2009 were Members of Veraval Gram Panchayat and the other petitioner in Special Civil Application No.13611 of 2009 was the Sarpanch of the said Panchayat. In exercise of power conferred u/Sec.57 of the Gujarat Panchayats Act, 1993 ('the Act' for short), the competent authority having removed them from their respective offices after giving them opportunity to show cause and the said order having been affirmed by the appellate authority, they unsuccessfully preferred the respective writ petitions giving rise to these appeals.

(2.) The main plea taken by learned Counsel appearing on behalf of the petitioners is that mere irregularity having been alleged in the show cause notice, for such irregularity, no action can be taken u/Sec.57 of the Act. He placed reliance on an unreported Division Bench decision of this Court in Virbalaben Girishbhai Trivedi and 13 others v. State of Gujarat and 3 others in Special Civil Application No.7849 of 2009 and analogous cases, wherein action taken under similar provisions under the Gujarat Municipalities Act, 1963, i.e. Secs 37 and Sec. 278A, fell for consideration. The Bench by its judgment dated 17.12.2009 held that for committing mere irregularity, such provisions are not attracted and a Member or Sarpanch cannot be removed for committing such irregularity.

(3.) Per contra, learned Counsel for the respondents submits that there being concurrent finding of fact by the competent authority, appellate authority and the learned Single Judge, this Court may not interfere with the same in appeal.