PUNAMBHAI MADHABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri Jhaveri, learned Advocate for the petitioner; Ms. Gajjar, A.G.P., for respondent Nos. 1 and 2 and Shri Oza, learned Advocate for respondent No. 4.

(2.) Rule on the petition. Shri Oza, learned Advocate waives service of the Rule on behalf of respondent No. 4 and Ms. Gajjar, A.G.P. waives on behalf of respondent Nos. 1 to 3.

(3.) The petitioner is Sarpanch of Tarapur Gram Panchayat, District Anand. He was removed from the said post under Sec. 57(1) of Gujarat Panchayats Act, 1993 ("the Act" for brevity) on the ground of financial impropriety. Appeal lies against that order to the State Government under Sec. 57(3) of the Act. He having filed that appeal, the same was heard by the Additional Development Commissioner. The Additional Development Commissioner noted that there was a Caveat by respondent No. 4. He, therefore, granted ad interim stay on 2-6-1998 and placed the matter for hearing on 8th June 1998. What was, therefore, expected of respondent No. 4 was to appear before the Additional Development Commissioner. Instead of doing that respondent No. 4 preferred revision against that order invoking Sec. 259 of the Act and the Deputy Secretary of the Panchayat and Rural Development Department stayed the order of the Additional Development Commissioner by his order dated 4th June 1998. Being aggrieved by that order the present petition has been filed.