MOHAMMAD ISHAK MOHAMMADBHAI MAREDIYA Vs. ADDITIONAL DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with prayers as under:-

(2.) The issue pertains to removal of the petitioner as a Sarpanch in exercise of powers under Sec. 57 of the Gujarat Panchayats Act, 1993, where the petitioner has been alleged to have indulged in misconduct while while carrying out certain development work. The issue being that for the purpose of development work, though technical sanction was received, there was no administrative sanction from the Taluka Development Officer before carrying out the work and making payment for such development work.

(3.) Learned Advocate for the petitioner, relying upon certain judgments of this Court, would submit that the allegations against the petitioner would not constitute misconduct, more particularly when there is no allegation of siphoning of money and that the authorities were well aware of the execution of development work. It is also submitted that the resolution to carry out development work was passed and the agreement when Panchayat was executed in favour of the contractor.