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2011 Supreme(Guj) 210

J.B.PARDIWALA, SUDHANSU JYOTI MUKHOPADHAYA
Raysangbhai Ranchhodbhai Thakor – Appellant
Versus
State of Gujarat Through Secretary – Respondent


Advocates:
Appearance :
Mr. Kaushal D. Pandya, for the Appellant No. 1.
Ms. Manisha Shah, Asst. Government Pleader for the Respondent Nos. 1 & 2.
Mr. H.S. Munshaw, for the Respondent No. 3.
Notice Served by DS, for the Respondent No. 4.

Judgment

J.B. Pardiwala, J.—The appellant original petitioner by way of this appeal under Clause 15 of the Letters Patent calls in question the legality, validity and propriety of the order passed by the learned Single Judge dated 20th October 2010 in Special Civil Application No. 4778 of 2010 wherein the learned Single Judge has dismissed the petition confirming the order passed by the competent authority removing the petitioner from the office of Sarpanch.

2. The brief facts relevant for the purpose of deciding this appeal can be summarised as under:—

3. The appellant – original petitioner was elected as Sarpanch of Vatadra Gram Panchayat. While holding the office of Sarpanch, he came to be served with a show-cause notice issued by the District Development Officer, Anand under Section 57(1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as ‘the Act’) calling upon the appellant to explain few charges of misconduct in discharge of his duties as a Sarpanch. It appears that detailed explanation at the end of the appellant – original petitioner was not found satisfactory and the District Development Officer, Anand vide his order dated 23rd July 2009, in exercise of his powe



































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