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2009 Supreme(Guj) 151

H.N.DEVANI, M.S.SHAH
Dipakbhai Mohanbhai Patel – Appellant
Versus
A. S. Patel or His Successor in the Office – Respondent


Advocates:
Appearance :
Mr. B.M. Mangukiya, for the Appellant No. 1.
Ms. Bela A. Prajapati, for the Appellant No. 1.
Mr. Sunit Shah, Government Pleader, for the Respondents No. 1, 3 - 4.
Mr. H.S. Munshaw, for the Respondent No. 2.

Judgment

Mohit S. Shah, J.—This group of 13 appeals, under Clause 15 of the Letters Patent, is directed against the common judgment dated 25.8.2008 of the learned Single Judge in Special Civil Application No. 30705 of 2007 and connected petitions challenging removal of the appellants from the office of members of Bopal Gram Panchayat under Section 57(1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as ‘the Act’).

2. Elections to Bopal Gram Panchayat were held on 25.12.2006. One Shantaben Bachubhai Patel was elected as Sarpanch. The present appellants, 13 in number, along with 13 other persons were elected as members of Bopal Gram Panchayat (hereinafter referred to as ‘the Gram Panchayat’). The first meeting of the Panchayat was held on 17.1.2007. By a show-cause notice dated 7.8.2007, the Sarpanch and other members of the Gram Panchayat including the present appellants, were called upon to show cause why they should not be removed from the office of Sarpanch and members of the Gram Panchayat under Section 57(1) of the Act for the acts of commission and omission, more particularly for granting building permission in a number of cases in collusion with owners of the land

























































































































































































































































































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