SOMABHAI BHAGWANBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner who is an elected Sarpanch of Dethan Gram Panchayat, Taluka:Karjan, District:Baroda has challenged an order dated 8th October, 2004 passed by the District Development Officer, by which the petitioner was suspended from the position of Sarpanch. The petitioner has also challenged the appellate order passed by the Additional Development Commissioner on 29/11/2004 by which the appeal of the petitioner against the order passed by the District Development Officer came to be rejected.

(2.) Few facts leading to the present petition can be noted at this stage.

(3.) Learned advocate Shri Rathod appearing for the petitioner submitted that the orders under challenge are required to be quashed and set aside. He contended that the petitioner is falsely involved in the criminal case by his political rivals and that he has not committed any offence. He contended that in any case the allegations made against the petitioner, even if taken on the face value, would not constitute offence involving moral turpitude. He further pointed out that the Additional Development Commissioner in case of the present petitioner has held that the allegations amount to offences involving moral turpitude whereas under identical circumstances very same authority while allowing appeal filed by another Sarpanch by order dated 26/6/2003 found that such allegations would not constitute offences involving moral turpitude. It was contended that respondent no.3 herein who is actively pursuing the case of suspension of the petitioner was the unsuccessful candidate at the election of the panchayat. He submitted that respondent no.3 is a disgruntled element and is trying to take advantage of false complaint filed against the petitioner.