LAWS(GJH)-2016-10-37

NATHABHAI MARKHIBHAI SOLANKI Vs. STATE OF GUJARAT

Decided On October 03, 2016
Nathabhai Markhibhai Solanki Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Paras 1 XXX XXX XXXX

(2.) XXX XXX XXX

(3.) After election, proceedings under Sub-Section (1) of Section 57 of the Act were sought to be initiated against the petitioner on the ground of his failure to file a caveat application in the Court. It is further pleaded that brother of the petitioner has encroached upon a gaucher land of the village and on 17.10.2013 Taluka Development Officer directed the petitioner to file a caveat application in the Court. As brother of the petitioner succeeded in getting stay from the Court on 22.01.2014, a show cause notice came to be issued to the petitioner on 13.5.2014 (Annexure-A to the petition). In pursuance to this notice, petitioner submitted his reply. However, it is say of the petitioner that without considering his reply, he has been removed from the post of Sarpanch of the village. Thereafter, appeal preferred by the petitioner also came to be dismissed on 17.9.2014. Aggrieved from this decision, present petition has been filed.