BIKHUMIYA SARFUMIYA MALEK Vs. DISTRICT DEVELOPMENT OFFICER MEHSANA

JUDGEMENT

(1.) . Petitioner herein was an elected Sarpanch of Gram Panchayat Jethlaj, Taluka Kalol, District-Mehsana from 23-2-1992 to 22-2-1997. He contested the election for the office of the Sarpanch for the second time and was again elected for a period of 5 years for the term commencing on 2-3-1997. The petitioner has come with the case that one Ajit Mana Parmar had contested the said election against the petitioner for the office of the Sarpanch in 1997 but he lost against the petitioner. It is also the case of the petitioner that said Ajit Mana Parmar was also a member of the Panchayat in the earlier term and on the complaint filed by the petitioner he had been placed under suspension in the earlier term on the allegations of misappropriation and irregularities. It is further alleged that brother of complainant Ajit Mana Parmar was also Secretary of the Dudh Utpadak Mandal wherein the petitioner was also a member of the said Committee.There also he had brought out the irregularities of the said Secretary i.e. brother of Ajit Mana Parmar and, therefore, the said Secretary of Dudh Utpadak Mandal was also removed as a member of the said Mandal. The petitioner has also stated that one Shri Dashrathbhai Manabhai Parmar filed a motivated complaint against the petitioner and others on 12-10-1997 at Police Station, Kalol and on that basis the case was registered by the Police for investigation. While the investigations were going on, the District Development Officer issued a notice on 26-11-1997 under Sec. 59(1) of the Gujarat Panchayats Act alleging therein that a complaint being F.I.R. No. 303 of 1997 was lodged under Secs. 324, 504, 506(2) and 114 of the I.P.C. and under Sec.135 of the Bombay Police Act and also under Sec. 3(1) of the Atrocities Act and, therefore, action was required to be taken under Sec. 59(1) of the Gujarat Panchayats Act against the petitioner. He may, therefore, remain present for making any written or oral submission on 8-12-1997 before the District Development Officer and he had also appeared before the District Development Officer, but the District Development Officer passed the order dated 12-1-1998 whereby the petitioner was ordered to be removed from the office of the Sarpanch for the offence of moral turpitude under Sec. 59(1) of the Gujarat Panchayats Act. Against thisorder dated 12-1-1998 the petitioner approached the Addl. Development Commissioner who by his order dated 3/4-5-1998 dismissed the Appeal and vacated the order of status quo which had been earlier passed by him on 23-1-1998 and confirmed the order passed by the District Development Officer on 12-1-1998 Against this order dt. 3/4-5-1998 passed by the Addl. Development Commissioner the petitioner referred Special Civil Application No. 3967 of 1998, which was decided by this Court on 23-6-1998 whereby the Court ordered that the petitioner may apply to the Addl. Development Commissioner to re-consider the order passed by him in the light of the material on record including the medical record and the officer will decide the application after appropriate scrutiny under Sec. 59(1) of the Act. In the order dated 23-6-1998 passed by the Court, it was also noted in paras 3, 4 and 5 as under :-

(2.) . Aggrieved from this order dated 24-7-1998 the present Special Civil Application was preferred on 4-8-1998 in which notice was issued on 5-8- 1998 and thereafter Rule was issued on 19-8-1998, but the interim relief was declined at that stage.

(3.) . The petitioner then moved a Civil Application No. 5855 of 1999 and in this Civil Application after hearing both the sides an order was passed on 28-6-1999 that the Civil Application may be listed along with the main matter and the same may be finally heard and decided as prayed by both the sides and this is how the matter has come up for final hearing today as ordered in the Civil Application on 28-6-1999.