AMITABEN C ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order dated 6.1.2010 passed by the respondent State whereby the application made by the petitioner for relieving her from disqualification under Section 30(d) of the Gujarat Panchayats Act, 1993 has been rejected.

(2.) The brief facts of the case are that, petitioner was working as Sarpanch of village Panchayat, Dhonoj. She came to be disqualified under Section 57(1) of the Act, against which, she preferred a writ petition being Special Civil Application No.7976 of 2009. The said petition was rejected on 17.9.2009. The aggrieved petitioner took the matter before the Division Bench, by way of Letters Patent Appeal No. 1948 of 2009, and vide order dated 25.9.2009, the Division Bench passed the following order: Heard learned counsel for either side. Learned counsel for appellant contends mainly with regard to awarding of costs by learned Single Judge, which, according to learned counsel, is on higher side. In the facts and circumstances of the case, we are not inclined to disturb the order of the learned Single Judge and awarding costs is justified. At the same time, in view of the fact that the appellant is a lady sarpanch and she has not committed any mistake in the past, we are inclined to confine the costs to Rs.5000/- which is to be paid to K.C.Pattani, retired Officer, as ordered by the learned Single Judge, within three weeks from today. The judgment and order of the learned Single Judge is modified accordingly. In all other respects, the judgment and order of the learned Single Judge is confirmed. Learned counsel for the appellant has drawn our attention to Section 30(d) of the Gujarat Panchayats Act, 1993 and submits that, because of the order passed by the respondent, if she is disqualified from standing election for five years as per clause [d], unless she has been relieved from disqualification arising on account of such removal from office, she would not be considered as a Member or continued as such. The appellant is given liberty to move the Government for relieving her from disqualification. Appeal and Civil Application are disposed of accordingly.

(3.) Pursuant to the aforesaid order, an application was moved by the petitioner on 17.12.2009 before the State which came to be rejected on 6.1.2010 as aforesaid.