MUKESHBHAI AATMARAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Vikas Nair, learned advocate for Mr. Nimesh Patel, learned advocate for the petitioner, Mr Ishan Joshi, learned AGP for respondents no. 1, 2 and 4, Ms. Sejal Mandavia, learned advocate for the respondent no. 3 and Ms. Neha M. Kayastha, learned advocate for the respondent no. 5.

(2.) In this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 03.03.2020 passed by the respondent no. 2 - Development Commissioner, Gandhinagar, confirming the order dated 26.08.2019 passed by the District Development Officer, Mehsana by which the petitioner has been removed from the office of the Sarpanch of the Langhnaj Gram Panchayat under the provisions of Section 57(1) of the Gujarat Panchayats Act, 1993.

(3.) Facts in brief are that the petitioner was elected as Sarpanch of the Langhnaj Gram Panchayat in 2016. It is his case that certain development works were being carried out on gauchar land bearing survey nos. 2525 and 283 for the purposes of development of a lake. Since there were trees on the land, on 26.02.2018, permission from the Mamlatdar, Mehsana - respondent no. 4 was obtained to cut down 469 trees on the property. The contract for tree-felling was given to one Shri Kanuji Khodaji Thakore. It appears that due to some negligence on the part of the labourers of the contractor, the labourers cut down 3 trees more than the required number and therefore a case was registered against the petitioner and the contractor under the provisions of The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 (hereinafter referred to as 'the Act of 1951'). By an order dated 31.12.2018, the petitioner and the contractor under the tree-felling act were fined and imposed a penalty of Rs.30,000/- each. Aggrieved by the order, the petitioner filed an appeal before the Collector, Mehsana which also stood dismissed. 3.1 It appears that during the pendency of the appeal, the District Development Officer, on 08.02.2019, issued a show cause notice to the petitioner interalia stating that when a contract was given to fell 469 trees, the contractor's labourers without permission cut 3 other trees which resulted in loss of tree cover. According to the District Development Officer, the petitioner failed to remain present at the site to supervise tree- felling and therefore he had committed misconduct and was therefore liable to be removed as a Sarpanch of the Langhnaj Gram Panchayat. In the perception of the District Development Officer, the petitioner was guilty of misconduct in discharge of duties, had committed disgraceful conduct and abused his power and therefore deserved to be removed as a Sarpanch. 3.2 The petitioner replied, pursuant to which, the District Development Officer by an order dated 26.08.2019 in exercise of powers under section 57(1) of the Gujarat Panchayats Act, 1993 removed the Sarpanch. On an appeal to the Development Commissioner, the Development Commissioner by an order dated 03.03.2020 confirmed the order of removal.