RATHAVA ALSINGBHAI MANAJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner with a prayer to set aside the order dtd. 19/5/2022 passed by the Taluka Development Officer, Devgadh Baria, District Dahod, declaring the petitioner disqualified as Sarpanch.

(2.) Heard learned advocates for the respective parties.

(3.) Mr. Solanki, learned advocate for the petitioner has submitted that the main grievance of the petitioner is that he has removed from the post of Sarpanch by invoking the provisions of Sec. 30(1)(m) of the Gujarat Panchayats Act which is not applicable to the Sarpanch and in view of Sec. 9 of the Act, the Sarpanch cannot be considered as a Member of the Panchayat. He has further submitted that once the election process is over and the result is declared, the Authority can challenge the same by way of an election petition only before appropriate forum. He has submitted that considering the averments made by the petitioner, this petition may be allowed.