ABHUJI KARSHAJI THAKORE Vs. THAKORE JITABEN MANCHAJI

JUDGEMENT

(1.) Pursuant to order dated May 5, 2003, passed in Civil Application No.2125 of 2003, which was filed in Civil Application No.1221 of 2003 filed in Letters Patent Appeal No.179 of 2003 arising out of interim order dated February 13, 2003 passed in Special Civil Application No.516 of 2003, Letters Patent Appeal No.179 of 2003 is taken up for final disposal today.

(2.) Instant appeal, which is filed under Clause 15 of the Letters Patent, is directed against interim order dated February 13, 2003 passed by the learned Single Judge in Special Civil Application No.516 of 2003 by which operation of order dated October 5, 2002 passed by the District Development Officer, Patan, suspending the respondent No.1 from the office of Sarpanch of Ablauva Gram Panchayat, Taluka and District : Patan because of institution of criminal proceedings in respect of offences involving moral turpitude, has been stayed during the pendency and final disposal of Special Civil Application No. 516 of 2003.

(3.) The respondent No.1 is elected as Sarpanch of Ablauva Gram Panchayat, Taluka and District : Patan. A First Information Report is lodged by Godadbhai Punjabhai Bhangi, a resident of village Ablauva, against the respondent No.1 and her husband for the alleged commission of offences punishable under Sections 504 & 506(2) read with Section 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, with Vagadod Police Station, which is registered as C.R.No.63/2002. During the course of investigation of the said F.I.R., the respondent No.1 and her husband were arrested on August 19, 2002 and were produced before the learned Magistrate having jurisdiction in the matter. It is stated at the Bar that the competent Court had released the respondent No.1 and her husband on bail on the same day. The Deputy District Development Officer, Patan was in receipt of the complaint filed by Godadbhai.P.Bhangi. The Deputy District Development Officer, therefore, addressed a letter to the District Development Officer, Patan informing him that a criminal complaint was lodged against the respondent No.1 and that appropriate action be taken against her. On receipt of report from the Deputy District Development Officer, the District Development Officer, Patan perused the papers and issued a notice dated August 26, 2002 to the respondent No.1 calling upon her to show cause as to why she should not be suspended from the office of Sarpanch in view of institution of criminal proceedings relating to offences involving moral turpitude. The respondent No.1 submitted her explanation dated September 30, 2002 and was heard in person by the District Development Officer. After hearing the learned advocate of the respondent No.1 and considering the explanation offered by the respondent No.1, the District Development Officer by order dated October 5, 2002 suspended the respondent No.1 from the office of Sarpanch of Ablauva Gram Panchayat, as he was satisfied that criminal proceedings in respect of offences involving moral turpitude have been instituted against the respondent No.1.