ZARINABEN B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been preferred with a prayer to quash and set aside the order dated 05.07.2010, passed by respondent No.2 District Development Officer, District Panchayat, Surat, directing removal of the petitioner as Sarpanch and the order dated 15.09.2010, passed by respondent No.1 Additional Development Commissioner, whereby the aforementioned order of respondent No.2 has been confirmed.

(2.) Though notice of Rule was issued on 29.09.2010, respondents Nos.3 to 5 have not chosen to put in an appearance before this Court. As the presence of the said respondents, who are the Members of the Gram Panchayat, is not necessary for the determination of the issue involved, the petition is being decided in their absence.

(3.) Briefly stated, the facts of the case are that the petitioner was elected as Sarpanch of Ichhapor Gram Panchayat, and took charge, on 16.07.2009. Earlier as well, the petitioner had been elected as Sarpanch of the said Gram Panchayat in January 2007. However, she had voluntarily resigned on 29.09.2008.