DEVRAJBHAI VALABHAI Vs. ADDITIONAL DEVELOPMENT COMMISSIONER GUJARAT

JUDGEMENT

(1.) The petitioner was the Sarpanch of Mayurnagar Gram Panchayat in Surendranagar District. He was elected to than post in 1974. tn 1976 a special notice was served upon him in regard to the arrears of land revenue and education cess. It was dated 30th March 1976. On 7th May 1976 the petitioner paid up half the amount to the Secretary who had served special notice of demand upon him. It is the petitioners case that the Secretary thereafter withdrawn the notice. On 26th October 1976 the District Development Officer Surendranagar served upon the petitioners a notice calling upon him to show cause why he should not be disqualified from holding the post to which he was elected. The petitioner was heard. On 14th February 1977 the District Development Officer made an order holding that the petitioner was disqualified from holding the post of the Sarpanch because he was in arrears within the meaning of sec. 23(1)(i) of the Gujarat Panchayats Act 1961 The petitioner challenged that order in appeal to the State Government. The Development Commissioner who heard the appeal dismissed it on 14th October 1977. It is that order which is challenged by the petitioner in this petition. ... ... ... ... ... ...

(2.) There is no dispute about the fact that the special notice was withdrawn before the expiry of a period of three months within which the petitioner was required to pay up the arrears of land revenue if he wanted to avoid the disqualification. The period of three months for payment of arrears after the service of notice is prescribed by clause (i) of sub- sec. (1) of sec. 23 of the Gujarat Panchayats Act 1961

(3.) Now let us turn to the language of clause (i) of sub-sec. (1) of sec. 23. It provides as under: No person shall be a member of a panchayat or continue as such who... ..... ........fails to pay any arrears of any kind due by him to the panchayat or any panchayat subordinate thereto or any sum recoverable from him in accordance with Chapter VI of this Act within three months after a special notice in accordance with the rules made in this behalf has been served upon him. Explanation 2 has reference to the disqualification set out in clause (i). It provides as follows: