RAMESHBHAI SENDHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Meet Thakkar, learned AGP appearing for respondents no. 1 & 2, Ms. Sejal Mandavia, learned advocate appearing for respondent no. 3 and Mr. Anvesh Vyas, learned advocate appearing for respondent no. 4 waive service of notice of rule.

(2.) In this petition, under Art. 226 of the Constitution of India, the petitioner who was the elected Sarpanch of Gozaria Gram Panchayat (elected on 5/5/2017) has challenged the orders dated 24/8/2018 so confirmed in appeal by the Additional Development Commissioner on 29/6/2019 by which the petitioner has been removed as a Sarpanch of the Panchayat in exercise of powers under Sec. 57(3) of the Panchayats Act.

(3.) A show-cause notice dated 15/2/2018 was issued to the petitioner. Essentially, the shortcomings on behalf of the petitioner's conduct were pointed out namely the first conduct was that in a meeting of the Gozariya Gram Panchayat held on 11/10/2017, it was resolved that in order to promote the door-to-door collection of garbage it was necessary to procure one tractor and a trolley in case a donor was available. Resolution No. 66 was passed therefore. The petitioner after passing of such a resolution purchased a tractor for Rs.4,67,000.00 on 13/10/2017 and trolley for Rs.1,20,000.00 on 27/10/2017 from the donation given by one Bharatbhai Raghubhai Rabari. The tractor was purchased from Starline Tractors, Mehsana and the trolleys were purchased from Sonal Industries and a cheque was given for such purchase. The allegation was that the procedure envisaged under the rules for taking prior sanction for an expenditure above Rs.40,000.00 was not followed and therefore the petitioner had committed lapse in discharge of his duties.