J. B. MEHTA, S. H. SHETH, J.

( 1 ) THE petitioner was a member and Chairman of the Nagar Panchayat Sihor in Bhavnagar District. On 3rd March 1969 the District Development Officer Bhavnagar the competent authority within the meaning of sec. 49 of the Gujarat Panchayats Act 1961 upon him a notice to show cause why he should not be removed from the membership and chairmanship of the Nagar Panchayat on the grounds stated in the said show cause notice. The notice stated three grounds. The first of them was that he had not reinstated in service one U. S. Desai Secretary of the Sihor Nagar Panchayat who had been removed from service by the Nagar Panchayat and who was ordered to be reinstated by the District Development Officer whose decision was confirmed by the Divisional Commissioner. The second ground which was stated was that he had not carried out an order of interim stay granted by the District Panchayat Bhavnagar against the introduction of octroi within the limits of the Sihor Nagar Panchayat under the Gujarat Gram and Nagar Panchayats Taxes and Fees Rules 1964 The third ground was that he had made allegations against and held out threats to the District Development Officer by his letters dated 22nd July 1968 and 30th July 1968 After having given him a reasonable opportunity of being heard in the matter the District Development Officer by his order dated 5th April 1969 held that all the three grounds which were alleged against him were proved and he removed the petitioner both from the membership and chairmanship of the Sihor Nagar Panchayat under sec. 49 (1) of the Gujarat Panchayats Act 1961 The petitioner appealed against the said order to the Development Commissioner Gujarat State. The Development Commissioner confirmed the findings of the District Development Officer on the first two allegations and set aside his finding on the third allegation. In that view of the matter he confirmed the order of the District Development Officer removing the petitioner both from the membership as well as from chairmanship of the Sihor Nagar Panchayat.

( 2 ) IT is that order which is challenged in this petition.

( 3 ) MR. Mehta appearing for the petitioner has raised before us the following five contentions. (1) Section 49 of the Gujarat Panchayats Act 1961 is ultra vires Article 14 in so far as it confers power upon the competent authority to remove a person from his membership of a panchayat because it is an arbitrary power conferred upon him. (2) Acts of misconduct alleged against the petitioner were really committed by the Panchayat and not by petitioner and therefore the petitioner was not liable to be removed from membership and chairmanship of the Panchayat. (3) The petitioner was not given a reasonable opportunity of being heard in the matter. (4) The District Development Officer who held the inquiry against the petitioner was biased against him. (5) In any case there was no reasonable ground for removing the petitioner from the membership of the Nagar Panchayat.

( 4 ) SO far as the first contention raised by Mr. Mehta is concerned it is necessary to reproduce sec. 49 of the Gujarat Panchayats Act 1961 It is as follows. (1) The competent authority may remove from officer any member of a panchayat or the Sarpanch the Upa-Sarpanch the Chairman or:- as the case may be the Vice-Chairman thereof after giving him an opportunity of be:-ing heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary if such member Sarpanch Upa-Sarpanch Chairman or Vice-Chairman as the case may be has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his powers or makes persistent default in the performance of his duties and functions under this Act or has become incapable of performing his duties under this Act. The Sarpanch Upa-Sarpanch Chairman or as the case may be Vice-Chairman so removed may at-the discretion of the competent authority also be removed from the

Click Here to Read the rest of this document