RAMSING BIJALBHAI BHAJGOTAR Vs. GUJARAT STATE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) The petitioner is a resident of Village Bolash, Taluka Veraval, District Somnath. It is his case that he, along with certain other villagers, had made a complaint dated 13.03.2013 to the Taluka Development Officer, Veraval, regarding the alleged misappropriation of Government funds by respondent No.4, who is the Sarpanch of the Bolash Gram Panchayat. The petitioner preferred a Public Interest Litigation, being Writ Petition (PIL) No.2 of 2014, before the Division Bench, praying for directions upon the concerned authorities to initiate action against respondent No.4Sarpanch. By an order dated 10.10.2014, the Division Bench of this Court disposed of the Public Interest Litigation as the District Development Officer had submitted a Report, wherein it was stated that action had been taken against the Sarpanch of Bolash Gram Panchayat who, having been found guilty of irregularities, had been removed after following the procedure under Section 57(1) of the Gujarat Panchayats Act, 1993 ("the Act" for short), vide an order dated 13.08.2014 passed by the District Development Officer. It thereafter transpired that respondent No.4Sarpanch challenged the aforesaid order of the District Development Officer before the Additional Development Commissioner (respondent No.2) by filing an appeal. The appeal has been partly allowed by respondent No.2 by an order dated 17.09.2013, inasmuch as the matter has been remanded to the District Development Officer for fresh decision, as per the directions contained in the order of remand. It is this order of remand passed by respondent No.2, that is being challenged by the petitioner by way of the present petition.

(3.) Mr.Mahesh Bhavsar, learned advocate for Ms.S.J. Bhavsar, learned advocate for the petitioner, has submitted that the petitioner is a resident of Village Bolash. It has come to light that financial misappropriation has been committed by respondent No.4Sarpanch. Therefore, being a resident of the village, he has a right to file the present petition challenging the order passed by the Additional Development Commissioner.