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1983 Supreme(Guj) 48

S.L.TALATI
PRABHODHRAI DHIRAJRAM NAYAK – Appellant
Versus
DISTRICT PANCHAYAT,surat – Respondent


Advocates Appeared: ANIL R.DAVE, D.D.Vyas

S. L. TALATI, J.

( 1 ) THE petitioner was the Chairman of Bardoli Nagar Panchayats District Surat and he was served with a notice under sec. 49 of the Gujarat Panchayats Act 1961 That notice was signed by the Secretary Executive Committee of the District Panchayat Surat who was also District Development Officer District Panchayat Surat. The petitioner filed a reply. Thereafter it appears that the Executive Committee of the Surat District Panchayat met on 27-7-1982 where the petitioner remained present with his Advocate Shri M. K. Hakim. It appears that there were questions and answers between the Associate Member Shri C. D. Patel and the petitioner. It appears that some questions were replied by the petitioner and some were replied by his Advocate. Thereafter the District Panchayat Surat passed a Resolution removing the petitioner from the Chairmanship of Nagar Panchayat Bardoli and also from the membership of the Bardoli Nagar Panchayat. This was on the basis that the Executive Committee of the Surat District Panchayat came to the conclusion that allegations Nos. 1 to 9 were proved and therefore it was established that the petitioner had abused his powers as contemplated by sec. 49













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