ASWINBHAI SOMABHAI KACHHIA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges order dated 5. 4. 2007 made in Appeal no. 21 of 2007 by Additional Development Commissioner, State of gujarat, whereunder the order of suspension made on 20. 1. 2007 by district Development Officer, Anand suspending the petitioner from the post of Sarpanch of Virsad Gram Panchayat came to be confirmed by the Appellate Authority.

(2.) THE petitioner filled-up necessary form for contesting the election of Gram Panchayat on 25. 11. 2006. The election was held on 10. 12. 2006 wherein the petitioner was elected. On 12. 12. 2006 members of the Gram Panchayat elected the petitioner as Sarpanch.

(3.) ON 7. 12. 2006 criminal complaint came to be lodged against the petitioner by the Administrator of Virsad Mercantile Cooperative credit Society Ltd. , Virsad, alleging that the petitioner had committed offence in terms of provisions of sections 406, 408, 420, 464, 465, 467, 468, 471, 120b and 114 of Indian Penal Code. The petitioner came to be arrested by the Police on 6. 1. 2007. He was produced before the Court of jmfc, Borsad on 7. 1. 2007 and remanded to police custody up to 11. 01. 2007. On 11. 01. 2007 at 15. 30 hrs. , the petitioner was taken into judicial custody and till 1. 3. 2007, when bail was granted by the High court, the petitioner remained in judicial custody.