DINESHBHAI SHAMJIBHAI MATA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner as Sarpanch of Satapar Gram Panchayat under Art. 14, 21, and 226 of the Constitution of India as well as under the provisions of the Gujarat Panchayats Act, 1993 for the following prayers (hereinafter referred to as 'the Act').

(2.) The petitioner is the resident of village Satapar and contested the election of the Gram Panchayat and was declared as elected. A show - cause notice dated 8.7.2016 at Annexure -H has been issued by the Development Commissioner, respondent No. 2, to the petitioner as a Sarpanch of Satapar Gram Panchayat on the ground that the panchayat has failed to discharge the duty under the Act and therefore as per the provisions of sec. 116 r/w sec. 253 of the Act, why the panchayat may not be dissolved. The same has been challenged by the petitioner on the grounds stated in detail, inter alia, that the gram panchayat Satapar is having 7 members + 1 sarpanch. Out of them, 6 embers are affiliated with Bharatiya Janata Party, whereas the sarpanch and one member are affiliated with Indian National Congress and therefore it has been contended that as the petitioner is in minority they have been made to see that the petitioner is ousted from the post of sarpanch of Satapar Gram Panchayat. It is also contended that a no -confidence motion was moved and he was sought to be removed for which Special Civil Application No. 11705 of 2015 was filed and the petitioner is holding the post.

(3.) Heard learned advocate Shri BM Mangukiya for the petitioner and learned Government Pleader Ms. Manisha Shah for the respondent State.