( 1 ) THIS Special Civil Application is directed against the order dated 8-5-1998 passed by the District Development Officer, Banaskantha, palanpur whereby the petitioner was removed from the office of the Upa-Sarpanch of Gram Panchayat, Gangva, Taluka Danta, District Banaskantha at palanpur and the order dated 25-1-1999 passed by the Addl. Development commissioner in Appeal.

( 2 ) THIS Special Civil Application was filed in the Court on 4-3-1999 against the aforesaid orders. The petitioners case is that he was a member of the said panchayat prior to 1990 but he was not a member of the said Panchayat and did not hold any office in the said village Panchayat Gangva from 1990 to 1995. The petitioner has stated that he is a supporter of Congress (I) party and in order to see that the supporters of the party loses its control over the panchayat, a show-cause notice was issued at the instance of the members of the opposition party by the District Development Officer purporting to exercise his powers under Sec. 57 of the Gujarat Panchayats Act, 1993. It appears that the petitioner may not have been a member of the Panchayat from 1990 to 1995 but he was a member of the Panchayat prior to 1990 and it also appears from the impugned ;order Annexure d dated 8-5-1998 passed by the District development Officer, Banaskantha at Palanpur that the petitioner was elected as Upa-Sarpanch of the said Gram Panchayat on 10-7-1995 and was holding the office of the Upa-Sarpanch of the said Gram Panchayat since 10-7-1995.

( 3 ) ON 31-1-1998 a show-cause notice was issued to the petitioner by the district Development Officer calling upon him to show cause as to why he should not be removed from the office of the Upa-Sarpanch under Sec. 57 (1) of the Gujarat Panchayats Act, 1993 and by the very same show-cause notice, he was also asked to be present before the concerned District Development officer on 16-2-1998 for personal hearing. The gist of the allegations levelled against the petitioner in the said show-cause notice is as under :-"i. That the petitioner was holding the post of Upa-Sarpanch at present and in the past also the said post was held by you, (Petitioner ). There are 3 plots opposite Village Panchayat Office having Nos. 1, 2 and 3, admeasuring 40 x 18" each. The total measurement of the said plot is 8179 sq. ft. On this plot, the encroachment is made by you on 1-4-1992 by planting trees and also by putting fence. II. The petitioner did not remove the said encroachment on his own though he was there as Upa-Sarpanch in the. Body twice and it has created an impression amongst the people that there is no enforcement of law by panchayat Administration. III. Despite you being a Member of the Panchayat, you are not paying the rent of the said encroachment, and therefore, financial loss is caused to the Panchayat. IV. The Panchayat could not take decision to have Veterinary Hospital at the disputed place as you did not remove the encroachment despite you being a member of the Panchayat. V. The petitioner got the Resolution No. 3 dated 17-11-1997 passed in the meeting held by Gram Panchayat in connection with the land in question. "

( 4 ) ACCORDING to the petitioner, the show-cause notice was served upon him sometime in second week of February 1998. The case of the petitioner is that he filed a reply dated 4-5-1998 to the show-cause notice denying the allegations and stating therein that the alleged incident of making encroachment was of 1992 and at that time he was not a Member of the Panchayat. It was further stated in the reply that the petitioner was having his own plot near the Panchayat office. Out of the three plots, in one of the plots, there is a Flour Mill and two plots are open to all the sides and there is no fencing or wall constructed by the petitioner and hence there is no question of encroachment or making any fencing in the Panchayat Plot. He has further submitted that the trees in this land are natural and because of