( 1 ) THE petitioner herein claims to be an elected Sarpanch of Hazira Gram Panchayat, Taluka Choryasi, District Surat. She claims to have been elected in 1995. While she was working as Sarpanch, a show cause notice dated 14th July 1998 was served upon her for her removal under Section 57 (1) by the District Development Officer, Surat. A copy of this show cause notice has been placed on record as Annexure. C. The petitioner filed a reply to the said show cause notice vide Annexure. D dated 28th September 1998. The District Development Officer, District Panchayat, Surat, then passed the order dated 2nd November 1998 removing her from the office of the Sarpanch under Section 57 (1) of the Gujarat Panchayats Act, 1993, which will be hereinafter referred to as the Act. Against this order dated 2nd November 1998 passed by the District Development Officer, Surat, the petitioner approached the State of Gujarat, in appeal under Section 57 (3) of the Act. The State Government by its order dated 4th January 1999 upheld the order passed by the District Development Officer and rejected the petitioners appeal. Aggrieved from the order dated 2nd November 1998 passed by the District Development Officer, Surat and the order dated 4th January 1999 passed by the State of Gujarat, the present petition was filed by the petitioner before this Court on 12th January 1999. On 13th January 1999, notice returnable on 25th January 1999 was issued. In presence of the Counsel for respondent no. 3, on 3rd February 1999, the petition was admitted and the case was directed to be listed for final hearing on 19th February 1999. No reply has been filed by any of the three respondents.

( 2 ) THE petitioner was sought to be removed for seven allegations. The gist of these seven allegations and the gist of the reply thereto as given by the petitioner in the reply to the show cause notice are as under: (I) during the year 1996-97, for the purpose of providing the total 1 to 7 drainage lines in the Hazira Gram Panchayat, instead of the mechanical approval has been granted by the Choryasi Taluka Panchayat for the sum of Rs. 3,40,025/without making the provision thereof in the budget, an expenses to the tune of Rs. 3,42,980/has been incurred from the self funds. Thus, no any sanction has been obtained for the additional expenses to the tune of Rs. 2,995. 00 incurred for the same and that, no any certificates for the completion of such work had been obtained. Reply: It is not true that the provision of this expenses has not been made in the budget, but the Panchayat itself is legally empowered to place its own amended budget and in this regard, the supplementary budget was submitted on 18/3/97, prior to completion of the financial year. The administrative approval for the said work has been obtained on 15/2/97, 12/12/96 and 29/1/97 and thereafter, on 29/7/96, a mechanical approval was received. Thus, the administrative approval has been granted for in all Rs. 3,50,000. 00 and the mechanical approval was also for Rs. 3,50,000=00. The Deputy Engineer of the Taluka Panchayat is empowered to sanction Rs. 50,000. 00 and accordingly, Deputy Engineer is also empowered to approve the plan estimate of this work and sanction the same. He has granted the approval. The expenses had also been incurred for cleaning the dirt and earth and the separate vouchers for the payment of daily wages have also been prepared. A request was also made alongwith the necessary vouchers for obtaining the completion report before the competent authority, but when the completion certificate has not been issued by the Deputy Engineer, then in that case, there is no any breach on our part in performing the duties. (II) during the year 1997-98, for the purpose of providing the total 1 to 34 drinking water pipe lines in the Hazira Gram Panchayat, instead of the mechanical approval has been granted by the Choryasi Taluka Panchayat for the sum of Rs. 15,66,146. 00 without making the provision