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2008 Supreme(Guj) 49

ABHILASHA KUMARI
Ganpat Mohanbhai Vasava – Appellant
Versus
Additional Development Commissioner – Respondent


Advocates:
Appearance :
Mr. M.M. Saiyed, for the Petitioner.
Mr. Jaswant K. Shah, learned Assistant Government Pleader, for the Respondent No. 1.
None, for the Respondents No. 2-3.

Judgment

Abhilasha Kumari, J.—This petition under Articles 226 and 227 of the Constitution of India, has been filed by the petitioner with a prayer to quash and set aside the order dated 06.10.2007 (Annexure “B”) passed by the Respondent No. 2 whereby the proceedings against the Respondent No. 3 (Sarpanch) have been withdrawn and, further to quash and set aside the order dated 07.12.2007 (Annexure “C”) rendered by the Respondent No. l, whereby the appeal filed by the petitioner has been returned.

2. Briefly stated, the facts of the case as emerging from a perusal of the averments made in the petition as well as the documents annexed thereto are, that the petitioner is a resident of village Siludi, Tal. Valia, District : Bharuch, The Respondent No. 3 is the Sarpanch of the Siludi Gram Panchayat. The said respondent was elected as Sarpanch in the year 2002 and his term of office was to end on 17.01.2007. Thereafter, the election for the office of Sarpanch, for the period 2007 to 2012 was held in December, 2006 wherein, the Respondent No. 3 contested the election for office of Sarpanch and was declared elected on 12.12.2006.

3. It is the case of the petitioner that on 28.12.2006, a meeti


































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