VAKATAR BHAGVANJIBHAI DEVABHAI Vs. ADDITIONAL DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) THE appellant - original petitioner has preferred this Appeal under clause 15 of the Letters Patent, calling in question the legality, validity and propriety of the judgment and order dated 15th September 2010 passed by the learned Single Judge in Special Civil Application No.10991/2010, whereby the learned Single Judge dismissed the writ petition preferred by the appellant, confirming the orders passed by the competent authorities under the Gujarat Panchayats Act, 1993 (hereinafter referred to as, 'the Act') removing the appellant as Sarpanch of the village, in exercise of powers under Section 57(1) of the Act.

(2.) THE appellant preferred appeal to the State Government under the provisions of Section 57(3) of the Act. The appellate authority, namely, the Additional Development Commissioner, State of Gujarat, vide order dated 20th July 2010, dismissed the appeal, confirming the order of removal of the appellant from the post of Sarpanch passed by the District Development Officer, Rajkot.

(3.) THE orders passed by the authorities under the Act were subject matter of challenge before the learned Single Judge in a writ petition being Special Civil Application No.10991/2010. The learned Single Judge came to the conclusion that as both the authorities, namely, the District Development Officer, Rajkot and the appellate authority - the Additional Development Commissioner, State of Gujarat, have concurrently held that the appellant is guilty of misconduct, declined and refused to grant relief to the appellant - original petitioner and accordingly dismissed the petition.