VAJIBEN RAMABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges order dated 12/08/2009 made in Appeal No. 30 of 2009 by the Additional Development Commissioner confirming the order dated 19/02/2009 made by District Development Officer, Sabarkantha under provisions of Section 57 (1) of the Gujarat Panchayats Act, 1993 (the Act) removing the petitioner from the post of Sarpanch. The facts reveal that on 17/09/2008 the petitioner was served with a show-cause notice under provisions of Section 57 (1) of the Act setting out various defaults alleged to have been committed by the petitioner. The petitioner tendered reply on 15/12/2008 alongwith various supporting documents. The explanation was not accepted by the District Development Officer and order dated 19/02/2009 came to be made by the District Development Officer. Thereafter the petitioner carried the matter in appeal and ultimately on 12/08/2009 the appeal came to be dismissed.

(2.) THE case of the learned Advocate for the petitioner is that the petitioner, who took over charge as Sarpanch of Village Chitroda on 16/01/2007 has wrongly been proceeded against in exercise of powers under Section 57 (1) of the Act because the auction proceedings which took place on 19/02/2007 in relation to 113 plots of Survey No. 458 Paiki had been conducted under the aegis of the Taluka Development Officer and the petitioner, as a Sarpanch had no role to play. That the petitioner had merely carried out the resolutions made by the Gram Panchayat on 12/09/2005 and 29/07/2006 which were passed prior to the petitioner occupying the post of Sarpanch. Therefore the petitioner as a Sarpanch had nothing to do with the auction and the charges levelled against the petitioner are baseless.

(3.) INITIALLY when the matter came up for hearing on 31/08/2009 the Court had recorded the following order: