GOVINDBHAI KASHIRAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned advocates for the respondents waive service of admission for respective respondents. With consent of all the learned advocates, the present appeal is taken up for hearing today itself.

(2.) By way of this appeal under Clause 15 of the Letters Patent, the appellants - Patel Govindbhai Kashiram, Parmar Mahendrabhai Madhabhai, Patel Arvindbhai Somabhai and Patel Sonalben Maheshbhai have challenged the judgment and order dtd. 18/11/2021 passed by the learned Single Judge in Special Civil Application No.14265 of 2021 on the ground that the appellants who had preferred Appeal No.34 of 2021 under Sec. 57 of the Gujarat Panchayat Act wherein an order was passed in favour of the appellant Nos.1 and 2 herein had never been challenged before the learned Single Judge, however, by impugned order, all the respondents, including the present appellant Nos.1 and 2 were removed from their posts by quashing and setting aside the order dtd. 8/9/2021 passed by the Additional Development Commissioner with regard to another appeal filed by the rest of 9 members being Appeal No.30 of 2021.

(3.) Learned advocate Mr. Kotai for the appellants has taken us through both the orders passed by the authority in different appeals and the observations made by the learned Single Judge in the impugned order by which, the learned Single Judge has quashed and set aside the order passed in Appeal No.30 of 2021, removing all the Members, including the appellant Nos.1 and 2 herein, whose appeal was, in fact, allowed in their favour and they were continued as Members of the Panchayat. He, therefore, would submit that the appeal is required to be allowed.