JALALBHAI JIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner, a member of the taluka panchayat, has challenged the order dated 28.1.2014 passed by respondent No.2 District Development Officer and the order dated 14.5.2014 passed by respondent no.1 in appeal No. 2 of 2014.

(2.) BY order dated 28.1.2014, respondent no.2 has removed the petitioner as member of the taluka panchayat in exercise of the powers under sec. 71 of the Gujarat Panchayats Act, 1993 ("the Act"). Such order has come to be confirmed by respondent No.1 Development Commissioner in appeal preferred by the petitioner under sec. 71(3) of the Act.

(3.) ON the basis of the FIR lodged by the Taluka Development Officer on 2.9.2012 being CR I -42 of 143,186,504, 506(1) of the Indian Penal Code and sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 alleging that the petitioner abused his position as member of the taluka panchayat by committing acts alleged in the FIR, respondent No.2 passed above order dated 28.1.2014 for removal of the petitioner as member of the taluka panchayat.