PRAFULBHAI BALWANTBHAI RATHOD Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard Ms. Megha Jani, learned advocate for Mr. Aadit Sanjanwala, learned advocate for the petitioner and Mr. Krutik Parikh, learned AGP for respondent Nos. 2 and 3. There is no appearance on behalf of respondent No.1 despite service of notice of the petition. The petitioner, who was working as Sarpanch of Atodara Grampanchayat, Tal. Olpad, Dist. Surat, was removed by respondent No.1 vide order dated 19.10.2019. He has challenged his removal before the Development Commissioner of State of Gujarat, Gandhinagar by filing Appeal No. 75 of 2019 along with stay application. This revision application along with stay application was preferred on 28.11.2019. So far, the appellate authority has neither decided the stay application nor the main revision application. In the meantime, respondent No.3, by notification dated 30.12.2019, has declared the schedule of election in respect of various Gram Panchayats including Atodara Gram Panchayat for the post of Sarpanch. According to this notification, polling is scheduled on 19.01.2020.

(2.) Learned advocate for the petitioner has strongly submitted that the stay application and the revision application preferred by the petitioner before the appellate authority challenging his removal as Sarpanch is pending. Hence, it cannot be said that the post of Sarpanch has fallen vacant and it is urged that the interim relief in terms of para 8(d) may be granted. She submitted that if the election for the post of Sarpanch of Atodara Gram Panchayat is permitted to be held, as scheduled, it will create an analogous situation in as much as, in case the petitioner succeeds in his revision application, there would be two candidates working on the same post and that would give rise to multiplicity of proceedings.

(3.) Mr. Parikh, learned AGP for respondent Nos. 2 and 3 has vehemently opposed the grant of interim relief. Relying upon the decision of this Court dated 08.07.2015 rendered in Special Civil Application No. 10781 of 2015, he submits that the petitioner has not made out strong prima face case as he has not filled in any form to contest the election announced vide notification dated 30.12.2019. He further submitted that the other candidates, who are contesting the election for the post of Sarpanch, are not impleaded as party respondent in this petition and that if the election is stayed, the functioning of the Gram Panchayat would suffer in absence of newly elected Sarpanch. He further submitted that the appellate authority has fixed hearing of the revision application preferred by the petitioner on 04.02.2020 and, in case the petitioner succeeds in the revision application, he would be reinstated on the post of Sarpanch. It is his further submission that the result of election may be subject to outcome of this petition. He therefore, urged that no case for grant of interim relief is made out.