MAKSUDBHAI SHARIFBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN light of the view that the Court is inclined to adopt the petition is taken up for final hearing and disposal today. Rule. Learned Advocate appearing for the respective respondents are directed to waive service.

(2.) THE petitioner, an elected member of Ranpur Gram Panchayat has challenged the order dated 19/03/2008 made by District Development Officer and order dated 01/07/2008 confirming the order made by the District Development Officer.

(3.) THE facts are that on 25/02/2008 show-cause notice came to be issued to the petitioner in relation to land bearing Survey No. 416 and 417 of Village Ranpur, being admittedly Gauchar lands belonging to Gram Panchayat, Ranpur. The charges are to the effect that the petitioner has encroached upon the said land, removed trees therefrom by use of JCB Machines and tilled the said land. Therefore, the petitioner has damaged public property, failed to function as per the provisions of the Panchayat Act, 1993 (the Act), and misused the position of being a member of Gram Panchayat. The District Development Officer exercised powers under Section 57 (1) of the Act and directed the removal of the petitioner from membership of Gram Panchayat. Petitioner carried the matter before the appellate authority but failed.