REKHABEN ABHALBHAI BAMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having heard learned counsel for the parties and perused the record, pertinent is to note that the petitioner, who was elected as a Sarpanch of Dhokadava Gram Panchayat and assumed charge on the said post on 17/1/2022, was issued a showcause notice dtd. 7/6/2024 under Sec. 57 (1) of the Gujarat Panchayat Act' 1993 on the ground that the petitioner was guilty of misconduct in discharge of her duties and was called upon to show cause as to why the petitioner should not be removed from the post from being guilty of misconduct in discharge of her duties.

(2.) It is an admitted fact of the matter that pursuant to the showcause notice, the petitioner appeared before the District Development Officer, Gir Somnath, the competent authority and also filed her reply along with necessary documents. After the hearing was concluded on 3/9/2024, the order impugned dtd. 21/9/2024, subject matter of challenge in the writ petition, was passed by respondent No.3 removing the petitioner from the post of Sarpanch.

(3.) The only argument pressed into service by Mr. Shalin Mehta, the learned Senior Counsel appearing for the original petitioner / appellant herein is that the order impugned dtd. 21/9/2024 is based on the subsequent report dtd. 5/9/2024 submitted by the Taluka Development Officer (TDO), after conclusion of the personal hearing granted to the petitioner on 3/9/2024.