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2005 Supreme(Guj) 772

AKIL KURESHI
SOMABHAI BHAGWANBHAI GOHIL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: D.O.PATHAK, FALGUNI PATEL, H.S.MUNSHAW, MEHUL H.RATHOD

( 1 ) IN the present petition, the petitioner who is an elected Sarpanch of Dethan Gram Panchayat, Taluka:karjan, District:baroda has challenged an order dated 8th October, 2004 passed by the District Development Officer, by which the petitioner was suspended from the position of Sarpanch. The petitioner has also challenged the appellate order passed by the Additional Development Commissioner on 29/11/2004 by which the appeal of the petitioner against the order passed by the District Development Officer came to be rejected.

( 2 ) FEW facts leading to the present petition can be noted at this stage. (1) The petitioner was elected as a Sarpanch of Dethan Gram Panchayat, election for which took place in March, 2003. A criminal complaint came to be lodged against the petitioner and some other persons on 18/3/2003 involving offences punishable u/s 143, 147, 148, 149, 324, 323, 504 and 506 of Indian Penal Code as well as Section 135 of Bombay Police Act. (2)From the complaint which is produced on record, it can be seen that broad allegations made in the complaint are that the petitioner and some other persons had gone to the residence of the complainant in the evening on 18/3/2003 and ha











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