VALLABHBHAI LAXMANBHAI ROY Vs. MONA KHANDHAR

JUDGEMENT

(1.) In the present petition, the petitioner who was at the relevant time the President of Gariadhar Taluka Panchayat has challenged his removal from the said post by the order dated 19th August 2002 passed by the District Development Officer, respondent No.1 herein.

(2.) To appreciate the controversy involved and the submissions made by both the sides, it will be necessary to record in brief, a few facts leading to the present petition.

(3.) The petitioner, as noted above, was holding the position of President of Gariadhar Taluka Panchayat to which position he was elected in the year 2002. It is the case of the petitioner that he belongs to a political party which is in opposition in the State of Gujarat and the position enjoyed by the petitioner is, therefore, not liked by some of the members of the ruling party and have, therefore, all throughout his tenure, tried to create hindrance in the way of the petitioner and have tried to remove the petitioner from his position as President of Gariadhar Taluka Panchayat by fair means or foul. The petitioner has stated in the petition several factors to establish his theory of malafides on the part of some of the respondents and these aspects of the matter have been highlighted at considerable length by the learned advocate for the petitioner. I would be detailing these factors and dealing with the contentions thereon at a later stage in this order.