REKHABEN ABHALBHAI BAMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Assistant Government Pleader Mr.Aakash Gupta waives service of Rule on behalf of respondent Nos.1 and 2 and learned advocate Mr.Radhesh Vyas waives service of Rule on behalf of respondent No.3.

(2.) This petition is filed challenging an order dtd. 29/11/2024 passed by respondent No.2 - Additional Development Commissioner in exercise of his powers conferred under Sec. 57(3) of Gujarat Panchayats Act, 1993 ("the Act" for short), whereby the order passed by respondent No.3 under Sec. 57(1) of Gujarat Panchayat Act, removing the petitioner from the post of Sarpanch of Dhokadava Gram Panchayat has been confirmed.

(3.) Facts in brief, as referred in the petition, are as under: The petitioner herein was elected as a Sarpanch of Dhokadava Gram Panchayat, and had assumed charge on the said post on 17/1/2022. It is case of the petitioner that Taluka Development Officer, Gir-Gadhada made a report to respondent No.3 for alleged irregularities by the petitioner and accordingly, show cause notice dtd. 7/6/2024 under Sec. 57(1) of the Act was served to the petitioner. It was alleged in the show cause notice that why the petitioner should not be removed from the post for being guilty of misconduct in discharge of her duty. Pursuant to the show cause notice, the petitioner herein appeared before respondent No.3 and also filed her reply along with necessary documents. It is case of the petitioner that the said documents were available to the petitioner pursuant to her RTI application. Accordingly, the hearing was concluded on 3/9/2024. After having concluded the hearing, a report/opinion was called from respondent No.3- Taluka Development Officer, Gir-Gadhada and the said report was submitted to respondent No.2 on 5/9/2024. Based on the report dtd. 5/9/2024, an order dtd. 21/9/2024 was passed removing the petitioner from the post of Sarpanch. Since the appeal is provided against the order passed under Sec. 57(1) of the Gujarat Panchayat Act, the petitioner preferred an appeal under Sec. 57(3) of the Gram Panchayat Act. Respondent No.2 herein rejected the appeal of the petitioner vide order dtd. 29/11/2024 confirming the order of respondent No.3 dtd. 21/9/2024. Aggrieved by which, the present petition is filed.