BHAVANSINH BHUPATSINH MORI Vs. ADDITIONAL DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) RULE. Learned AGP Ms.Jyoti Bhatt waives service of Rule on behalf of respondent No.1 and learned Advocate Mr.H.S.Munshaw waives service of Rule on behalf of respondent No.2.

(2.) This petition under Article 226 of the Constitution of India is filed to challenge order passed by respondent No.1 authority, i.e. Additional Development Commissioner in Appeal No.03 of 2020 dtd. 25/8/2021, which confirmed order dtd. 19/12/2019 passed by respondent No.2 exercising discretion under Sec. 59 of the Gujarat Panchayats Act, 1993 pertaining to suspension of sarpanch.

(3.) Learned Advocate for the petitioner submitted that the petitioner was elected as Sarpanch of Budhel Gram Panchayat, Dist. Bhavnagar in January 2017. It is submitted that using power conferred under Sec. 59, respondent No.2 issued show cause notice dtd. 5/12/2019 against the petitioner, calling upon the petitioner as to why he should not be suspended as a Sarpanch apropos to the provisions of Sec. 59 of the Gujarat Panchayats Act, 1993.