JAYANTBHAI MADHUBHAI VARANIYA Vs. GUJARAT STATE ELECTION COMMISSION

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to quash and set aside the impugned Notice dated 02-

(2.) The basis apprehension of the petitioner is arising out of the Communication dtd. 18/1/2022 addressed by the District Development Officer, Morbi to Taluka Development Officer, Morbi in connection with holding an inquiry and procedure as provided under Sec. -32(1)(b) of the Gujarat Panchayats Act.

(3.) Learned Advocate for the petitioner submitted that as the Communication is by the District Development Officer, Morbi to the Taluka Development Officer, Morbi, who has ultimately taken decision by order dtd. 14/2/2022 by removing the petitioner from the post of Sarpanch, Appeal as contemplated under the provision before the very District Development Officer, Morbi, would be futile exercise. It is submitted that Appeal, which was preferred by the petitioner before the Development Commissioner has been returned by Communication dtd. 18/3/2022 holding that Appeal is to be preferred before the District Development Officer concerned.