Akil Kureshi, J.

1. These petitions have been referred to Division Bench by learned Single Judge by an order dated 19.3.10. The learned Single Judge framed the following question for consideration of the Division Bench.

While the provisions of Sub-sections (1) and (2) of Section 57 of the Gujarat Panchayats Act, 1993 empower the Competent Authority to adjudicate upon misconduct in the discharge of his duties or any disgraceful conduct or abuse of powers, or persistent default in the performance of duties and functions under the Act by any member, sarpanch or upa-sarpanch of the panchayat, for his removal or disqualification, can an appeal from the decision of such adjudication be preferred by the original complainant? ; and whether the words "any person aggrieved" occurring in Sub-section (3) of Section 57 of the Act would include the original complainant in the context of the purpose and relevant provisions of the Act ?

Brief facts of the cases are as follows:

Special Civil Application No. 12298/09 is filed by Deputy Sarpanch of Zarola Gram Panchayat. He had filed complaint dated 18.4.08 against the Sarpanch of the village Panchayat who is respondent No. 1 in the petition. In