LABHUBHAI HAMIRBHAI RAVAL (BHIL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader appearing on behalf of respondent No.1 is directed to waive service of rule. Though served, there is no appearance on behalf of respondent No.2. In light of the view that the Court is inclined to adopt the petition is taken up for final hearing and disposal today.

(2.) The petitioner was elected as President of Mundra Taluka Panchayat in the month of October 2005 on the basis of seat reserved for Schedule Caste / Schedule Tribe. The case of the petitioner was that the petitioner belonged to "Bhil" caste and hence, was entitled to contest on reserved seat. One Lakhuram K. Goradiya filed a complaint in the Court of Judicial Magistrate, First Class, Mundra against the petitioner for the offences punishable under Sections 191, 192, 193, 196, 197, 198, 199, 203, 420, 463, 466, 468, 470, 471, 472, 474, 475, etc. of the Indian Penal Code. Pursuant to the directions issued by the Magistrate to initiate inquiry under Section 156(3) of the Code of Criminal Procedure the police registered M. Case No.1 of 2005 against the petitioner. The Regular Bail application was rejected by the subordinate Court and conditional bail was granted by the High Court vide order dated 25.09.2006 made in Criminal Misc. Application No.10305 of 2006.

(3.) In the meantime, acting under the provisions of Section 73 of the Gujarat Panchayats Act, 1993 (the Act), respondent No.2 passed an order on 23.09.2006 suspending the petitioner from the post of President of Mundra Taluka Panchayat. The petitioner carried the matter in Appeal vide Appeal No.188 of 2006. However, respondent No.1 dismissed the appeal vide order dated 06.03.2007.