SHANTABA KANAJI VAGHELA Vs. DISTRICT DEVELOPMENT OFICEER

JUDGEMENT

(1.) RULE. Mr. H. S. Munshaw, learned counsel, waives service of Rule on behalf of the respondent No. 1. Mr. Pathik Acharya, learned Assistant Government Pleader, waives service of Rule on behalf of the respondent No. 2. In the facts and circumstances of the case and with the consent of the learned counsel for the parties, the matter is being heard finally today.

(2.) BY filing the present writ petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ or order to quash and set aside the order dated 17. 5. 2007, passed by the respondent No. 1, placing the petitioner under suspension under the provisions of Section 59 (1) of the gujarat Panchayats Act 1993 ("the Act" for short) and, further, to quash and set aside the order dated 27. 9. 2007, passed by the respondent No. 2, whereby the appeal of the petitioner, challenging the order dated 17. 5. 2007, has been dismissed.

(3.) THE admitted facts of the case, which emerge from a perusal of the averments made in the petition as well as the documents annexed thereto are, that the petitioner was elected as Sarpanch of Jalund gram Panchayat and she remained as such from the year 2001-06. Thereafter, the petitioner once again contested the elections to the said Gram Panchayat and was elected as Sarpanch in the year 2007. Certain members of the Jalund Gram Panchayat made a written complaint dated 26. 12. 2006, alleging that an amount of Rs. 1,00,000/- (Rupees one lakh) which had been granted by the Oil and Natural Gas Corporation ltd. vide cheque dated 11. 10. 2005, to the said Gram Panchayat, for carrying out certain developmental works such as construction of Verandah for the primary school, laying of a pipeline for drinking water and construction of a Dhobi Ghat, was misappropriated by the petitioner, in connivance with the Talati-cum-Mantri and member of the Gram Panchayat mr. Chanduji Lakhaji Thakore, and that the matter should be investigated by the Taluka development Officer. Pursuant to the report given by the Taluka Development Officer, a complaint was filed against the petitioner and other co-accused vide C. R. No. I-28/ 2007 with Pethapur Police Station for offences punishable under Sections 408, 409 and 114 of the Indian Penal Code on 14. 3. 2007. The petitioner was arrested on 16. 4. 2007 in connection with the said offences and remained in jail upto 14. 6. 2007, on which date, she was released on bail. In the meanwhile, the respondent no. 1, after preliminary inquiry by the taluka Development Officer, being satisfied that the petitioner was involved in the commission of the alleged offences which amounted to moral turpitude, passed an order on 17. 5. 2007, under Section 59 (1)of the Gujarat Panchayats Act, 1993, ("the act" for short) suspending the petitioner as sarpanch of the Gram Panchayat with immediate effect. A copy of the order dated 17. 5. 2007 is annexed as Annexure-C to the petition. The petitioner filed an appeal against the order of the respondent No. 1 on 18. 6. 2007, on various grounds. The memorandum of appeal is annexed as annexure-D to the petition. The respondent no. 2, after hearing the learned advocate representing the petitioner, and after taking into consideration the grounds raised in the memorandum of appeal, confirmed the order of the respondent No. 1, by passing order dated 27. 9. 2007, which is annexed at annexure-E to the petition. Being aggrieved by the aforesaid orders dated 17. 5. 2007 and 27. 9. 2007, the petitioner has approached this Court, praying for the relief as mentioned hereinabove.