D.A.DESAI, J.B.MEHTA
SATUBHAI K. VAGHELA – Appellant
Versus
MOOSA RAZA,the DISTRICT DEVELOPMENT OFFICER,surendranagar – Respondent
( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India the petitioner challenges the order at Annexure P dated 7 September 1964 removing the petitioner as Sarpanch and as a member of the Sayala Gram Panchayat and the order at Annexure R dated 8th September 1964 disqualifying him for a period of four years passed by respondent No. 1 the District Development Officer as a delegate of respondent No. 2 the competent authority viz the Surendranagar District Panchayat. The petitioner has also challenged along with these two orders the resolution No. 3/11 dated 17th August 1963 delegating powers under sec. 49 of the Gujarat Panchayats Act 1961 hereinafter referred to as the Act to respondent No. 1.
( 2 ) THE short facts which have given rise to this petition are as under: The petitioner is elected Sarpanch of the Sayala Gram Panchayat hereinafter referred to the Panchayat from about December 1963. It appears that there was an audit objection in regard to the uniforms which had been given to the Panchayat sweepers as no relevant rules had been framed in that Connection. The said expenditure on uniforms incurred during the period from 1st April 1956 to
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