VIRJIBHAI M CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Shri Virjibhai M. Chavda is before this Court being aggrieved by the impugned order dated 03.03.2007 passed by respondent No. 3-District Development Officer, Jamnagar, which is at Annexure 'J' to this petition and order dated 19.05.2007 passed by respondent No. 2-Development Commissioner, Gandhinagar, which is at Annexure 'L' to the petition. The petitioner was the elected member of the Taluka Panchayat, Jam Jodhpur. He was served with the Show Cause Notice dated 22.01.2007 setting out three acts of misconduct in the said notice. He was granted time to file reply to the same within seven days. Hearing was fixed on 31.01.2007. The petitioner filed reply on 29.01.2007 setting out the explanation to the misconduct alleged against him in the notice. As there was a meeting of General Body of the Taluka Panchayat, Jam Jodhpur on 29.01.2007 the petitioner was granted another date of hearing on 26.02.2007.

(2.) Before that date could reach there was 'No Confidence Motion' moved in the General Meeting of 12.02.2007 and that 'No Confidence Motion' was passed and the petitioner was removed from the post of the President of the Taluka Panchayat.

(3.) For filling up vacant post of the President of the Taluka Panchayat, election was declared on 22.02.2007 and in response to the said declaration of election for the post of President of the Taluka Panchayat, the petitioner wanted to file his nomination which he did on 03.03.2007. But on the same day, i.e. 03.03.2007 the petitioner was served with the order passed by the District Development Officer removing him from the post of member of the Taluka Panchayat. Being aggrieved of that he filed appeal before the Development Commissioner, respondent No. 2 herein, who dismissed the appeal. Against that the petitioner is before this Court.