SURENDRASINH GAJUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred challenging the action initiated against the petitioner under Section 57(1) of the Gujarat Panchayats Act, 1993 (the Act) culminating in an order dated 07/10/2008 made by the District Development Officer, Mehsana (DDO) removing the petitioner from the post of Sarpanch, which in turn has been confirmed by the Additional Development Commissioner in Appeal No. 129 of 2008 by order dated 23/03/2009.

(2.) THE petitioner was elected as Sarpanch of Vidaj Gram Panchayat, Tal. Kadi, Dist: Mehsana. On 24/07/2008 in exercise of powers under Section 57(1) of the Act show -cause notice came to be issued to the petitioner by the DDO on the basis of report dated 27/06/2008 of the Taluka Development Officer, Kadi. The show -cause notice stated that the petitioner had by his acts of commission and omission committed misconduct and abused powers in relation to the following four items.

(3.) ON 07/10/2008 the DDO found that the petitioner had failed in discharging his duties as provided in law and had thus committed misconduct resulting in misappropriation of funds belonging to Panchayat. The petitioner challenged the said order of removal by preferring an appeal before the appellate authority but vide impugned order dated 23/03/2009 the appellate authority has confirmed the order made by DDO without assigning independent reasons, according to the petitioner.